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Vol 12, Num 2 l October 2015

Technology and Intellectual Property

► In This Issue:

The Identification of Intangible Values in Real Estate Appraisals

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Neil F. Axler
McGladrey LLP
New York

Analyzing the complex commercial real estate sometimes involves the identification of intangible assets and sourcing a real estate appraiser who is familiar with business valuation practices. For business appraisers, “intangible assets” are defined as:
  • “Nonphysical assets such as franchises, trademarks, patents, copyrights, goodwill, equities, mineral rights, securities and contracts (as distinguished from physical assets) that grant rights and privileges, and have value for the owner.” Source: ASA Business Valuation Standards
  • “A non-monetary asset that manifests itself by its economic properties. It does not have physical substance but grants rights and economic benefits to its owner.” Source: RICS Guidance Notes
    » Read More

Fifth Circuit: Condo Lien Is Not “Security Interest” for Purposes of Lien‑Stripping

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Christopher A. Camardello
Winthrop & Weinstine, PA
Minneapolis

The Fifth Circuit Court of Appeals recently held that a lien in favor of a condominium association is not a “security interest” for purposes of 11 U.S.C. § 1322(b)(2).

The debtor in In re Torrance Tremayne Green owned a condominium in Riverbend Condominiums in New Orleans. The condo is subject to both a Louisiana statute, the Louisiana Condominium Act, and a contract, the condominium declaration. When the debtor fell behind on dues, the association filed a lien affidavit and obtained a default judgment against the debtor for some $23,000.
» Read More

Big and Little Boxes: The Ins and Outs of Retail Restructuring" at WLC in Dec.

The Real Estate and Business Reorganization committees will be joining forces to present the session titled "Big and Little Boxes: The Ins and Outs of Retail Restructuring," on Friday from 3:45 - 5:00 pm. The session’s crew of speakers includes Martin J. Bienenstock (Proskauer; New York), Jack Butler (Hilco Global; Northbrook, Ill.), Hon. Mary Grace Diehl (U.S. Bankruptcy Court, Northern District of Georgia; Atlanta), Lorenzo Marinuzzi (Morrison & Foerster LLP; New York), and David Pollack (Ballard Spahr LLP; Philadelphia).

ABI has launched a new website and registration page for this year’s Winter Leadership Conference! Join us Dec. 3-5, 2015, at the historic Arizona Biltmore in downtown Phoenix for CLE, networking and breath-taking views. Offering up to 12/14 hours of CLE/CPE credit and 2.75/3 hours of ethics, there are a variety of sessions with topnotch speakers for consumer and business practitioners, as well as financial advisors.

NEW Highlights from the conference include:

  • Optional events, including a golf tournament, kayaking, tennis, horseback riding and much more
  • Great Debates on chapter 11 plans, whether a bankruptcy judge can disband a creditors’ committee and must a creditor file a proof of claim
  • BAPCPA Consumer Issues: 10-Year Anniversary Special
  • Nine joint committee sessions, provided by ABI’s 18 committees
  • A live Bloomberg “Eye on Bankruptcy” luncheon presentation
  • A special Casino Night!
  • A judges’ roundtable on hot-button issues
Early-bird registration ends Oct. 2, so be sure to register to take advantage of the savings.

Does It Pay to Be a Bankruptcy Lawyer Anymore

 

7th Annual Mid-Level Professional Development Program

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