About Bankruptcy-RealEstate-Insights
Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Monthly Archives: May 2013
What Comes After Stay Relief: The Disappearing Deficiency Claim (Round 1)
In re Wright, 486 B.R. 491 (Bankr. D. Ariz. 2012) – In Wright, a mortgage lender obtained relief from the automatic stay in a chapter 11 bankruptcy and proceeded with a state non-judicial foreclose sale on two properties. However, it did … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, claim determination, financing, foreclosure
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Delinquent Property Tax Foreclosure: Is There “Reasonably Equivalent Value” or Not?
City of Milwaukee v. Gillespie, 47 B.R. 916 (E.D. Wis. 2013) – Under Wisconsin’s strict tax foreclosure procedure, a tax authority can obtain property in satisfaction of a delinquent property tax bill without any public sale or other competitive bidding. Gillespie … Continue reading
Posted in Real Estate
Tagged avoidance action, fraudulent conveyance, property taxes
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Bankruptcy Plan: Burgeoning “New Value” Competitive Bidding Requirement
In re Castleton Plaza, LP, 707 F.3d 821 (7th Cir. 2013) – A debtor that owned a shopping center proposed a plan of reorganization that gave the spouse of the debtor’s owner 100% of the equity of the reorganized debtor in … Continue reading
Bankruptcy Purchasers Beware: Do Not Take For Granted That Your Sale Will Be “Free and Clear”
In re Jaussi, 488 B.R. 456 (Bankr. D. Colo. 2013) – A chapter 7 bankruptcy trustee requested court approval of a sale of vacant land to a bank that held a first lien on the property, with the sale to be … Continue reading
Defalcation and Dischargeability: The Supreme Court Speaks
Bullock v. BankChampaign, N.A., 569 U.S. ___ (2013) – Although an individual debtor can generally obtain a discharge of debts in bankruptcy as part of a “fresh start,” there are certain exceptions. In particular, Section 523(a)(4) of the Bankruptcy Code provides that … Continue reading
Discharge Injunction Violation: Can a Lender Refuse to Foreclose, Release Its Lien, or Accept Surrender of a Property?
Canning v. Beneficial Maine, Inc. (In re Canning), 706 F.3d 64 (1st Cir. 2013) – After filing a chapter 7 bankruptcy, the debtors tried to surrender their residence to the mortgage lender. After the bankruptcy the lender refused to accept a surrender, … Continue reading