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: December 2013
Options for an Underwater Mortgagee: The Mysteries of an 1111(b) Election
In re River Canyon Real Estate Investments, LLC, 495 B.R. 526 (Bankr. D. Colo. 2013) – A chapter 11 debtor’s plan of reorganization placed two secured creditors in the same class. (No one objected to this classification.) One of the creditors attempted … Continue reading
Mortgagee Relief From the Automatic Stay: “Cause” Is In the Eye of the Beholder – Namely the Court
In re Doug Wilson Ins. Agency, Inc., 495 B.R. 428 (Bankr. E.D. Ark. 2013) – A debtor that owned several properties filed a chapter 11 bankruptcy proceeding on April 1st. A bank that had mortgages on two of the properties moved for relief … Continue reading
Lease Termination: Say It Like You Mean It (Or Else)
Franklin Advisors LLC v. Sherwood Mgmt. Corp. (In re Whyco Finishing Technology, LLC), 500 B.R. 517 (Bankr. E.D. Mich. 2013) – A landlord filed an amended proof of claim for ~$700,000 based on a chapter 11 debtor’s breach of a real estate … Continue reading
California Anti-Deficiency Laws: Is Your Trust Obligor a “True” Guarantor Or Merely a Primary Obligor in Disguise?
In re Brock, 494 B.R. 534 (Bankr. D. Colo. 2013) – Individual chapter 11 debtors objected to a deficiency claim filed by a bank. They argued that California’s anti-deficiency laws prevented the bank from making a claim against the debtors under their … Continue reading
Leases: Is Rejection the Same as Termination and Who is the Tenant Anyway?
John Hilsman Inv., LLC v. Quality Properties, LLC, 500 B.R. 105 (N.D. Ala. 2013) – A Chapter 11 debtor sought to assume a lease that had been assigned to it. The landlord contended that rejection of the lease in a prior … Continue reading
Missing Mortgage Details: This Time a Mortgage Survives the Trustee’s Attack
PNC Bank, Nat’l Ass’n v. Nordwall, 499 B.R. 599 (C.D. Ill. 2013) – A mortgagee moved for entry of a default judgment in its foreclosure action. The mortgagor’s chapter 7 trustee intervened and claimed that the mortgage could be avoided using his … Continue reading
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