Home » ABI Journal » Emerging Issues: Residential PACE Loans and Bankruptcy

× Share this Presentation

Facebook
Twitter
Work Email
LinkedIn

Is Your Name WiFi? 'Cause We Really Feel a Connection! Tell Us a Little More About You.

Work Email

First Name

Last Name

Thank you!

Error - something went wrong!

No thanks

Emerging Issues: Residential PACE Loans and Bankruptcy

February 14, 2018

Share this Flipbook
Facebook
Twitter
Work Email
LinkedIn

Property Assessed Clean Energy (PACE) loan programs nationwide attest to the desirability of energy efficiency improvements as a matter of public policy because the loans require municipal participation through a real estate assessment process. However, the programs are not without issues.

Previous Flipbook

Living in Borrowed Times: The Changing Context of Student Loan Discharge

Moral blameworthiness is why Congress first placed specific restrictions on discharging educational debt in...

Next Flipbook

Are Student Loans No Longer the "Third Rail" of Bankruptcy?

Courts typically apply the Brunner test to determine "undue hardship" when faced with a debtor with student...

Try ABI free for 30 days. We'll save you time and money.

Work Email

First Name

Last Name

Opt-in To Future Emails

Thank you!

Error - something went wrong!

Most Recent Flipbooks

Restructuring a Distressed Health Care Portfolio Company

Emerging Issues: Residential PACE Loans and Bankruptcy

Previous Flipbook

Next Flipbook

Most Recent Flipbooks

In recent years, PE investment in physician practices and health care has notably increased, which could lead to an increasing amount of restructurings for PE in the complicated world of health care.

As the SBRA and HAVEN Act represent substantial changes to bankruptcy law and practice, teams of EOUST personnel are working to recommend changes to the USTP’s practices and to identify legal issues.

Commencing an involuntary bankruptcy case against an adversary could result in severe consequences to a petitioning creditor in the form of attorneys’ fees, compensatory damages and punitive damages.

Much quicker and generally less expensive than traditional chapter 11 filings, prepackaged chapter 11s (prepacks) have been on a steep rise in the last few years — as have “super speedy prepacks.”

Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets.

Management often has familiarity with a company’s operations, competitors, opportunities and challenges. However, valuation experts shouldn't blindly accept the projections management produces.

In their first years of coexistence, the Bankruptcy Code and Federal Arbitration Act (FAA) rarely, if ever, intersected, but the explosion in student loan debt has finally led to their entanglement.

While filing levels have been relatively unchanged for the last several years, in the bankruptcy world large annual swings in filings are far more common than periods of stability.

In In re Peabody Energy Corp., the district court affirmed the bankruptcy court’s finding that causes of action to hold a coal company responsible for climate change were discharged in bankruptcy.

Although animal lovers might not want to believe it, it is possible for pets in the U.S. to be seized and sold for debt repayment.

Veterans compensation is complex.Proper representation for veterans will give them the best opportunity for success and might avoid bankruptcy altogether.

While economists and policymakers debate over the fragility of the global financial system, one thing is certain: Credit markets remain inundated with low-cost capital looking for gainful returns.

Navigating Banking in Bankruptcy, according to this recent review, is a useful resource to both business and consumer practitioners, as well as banking professionals.

Debtors might lose their home or car after stay relief during their case, but they keep making their chapter 13 plan payments, expecting to receive a discharge that might not happen.

All but two OPEC member nations are on a collision course with financial ruin, and this could potentially impact the world economy.

Much like the proverbial barking dog who chased the car and caught it, petitioning creditors should consider what could happen when using involuntary petition as a debt-collection tool.

Because bankruptcy is a federal remedy, courts have been reluctant to grant relief to debtors involved with marijuana, but recent cases suggest that the tide might be turning.

What do bankruptcy courts do when a debtor tenant fails to fulfill lease obligations as required under § 365(d)(3)? Landlords have found themselves with unsatisfactory remedies, or no remedy at all.

The success of the chapter 13 bankruptcy statute is unquestioned by those who work in this area of law daily, and many stakeholders benefit from successfully completed cases.

This article provides a base level of familiarity through a brief discussion of recent cases addressing debtor eligibility and foreign case recognition concepts under chapter 15.