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 2014
Upsetting a Bankruptcy Auction: Money Talks
In re Sunland, Inc., 507 B.R. 753 (Bankr. D. N.M. 2014) – After a bankruptcy auction to sell a peanut manufacturing plant concluded, but before a court hearing to approve the sale, a chapter 7 trustee received a substantially higher bid … Continue reading
Rents in Bankruptcy: Grab While You Can and You May Hold A Winning Hand
In re Madison Heights Group, LLC, 506 B.R. 728 (Bankr. E.D. Mich. 2013) – A mortgagee exercised its assignment of rents prior to bankruptcy. After a Chapter 11 case was filed, the debtor sought court authority to use rents from the … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, cash collateral, financing
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Bankruptcy Sales: “Free And Clear” Meets Tax Injunction Act
In re Old Carco LLC, 505 B.R. 151, (Bankr. S.D.N.Y. 2014) – A bankruptcy purchaser filed a motion with the bankruptcy court to prevent state tax authorities from using the debtor’s experience rating to determine purchaser’s unemployment insurance tax rate. … Continue reading
Affiliates and Insiders: Is A Limited Liability Company A Corporation (And Who Cares)?
Redmond v. CJD & Assocs., LLC (In re Brooke Corp.), 506 B.R. 560 (Bankr. D. Kan. 2014) – A preference defendant sought to amend its answer more than 21 months after the answer was filed to deny its “insider” status. … Continue reading
Constructive Notice of Bankruptcy: When Is A Mailing Address Good Enough?
In re Cunningham, 506 B.R. 334 (Bankr. E.D.N.Y. 2014) – A mortgagee continued with foreclosure of a mortgage after the debtor filed bankruptcy because it was not aware of the filing. When the debtor later sought to vacate the foreclosure … Continue reading
Post Confirmation Loan Documents: What Happens If The Parties Don’t Agree?
In re Chatham Parkway Self Storage, LLC, 507 B.R. 13 (Bankr. S.D. Ga. 2014) – The provisions in a confirmed chapter 11 plan of reorganization dealing with an allowed secured claim (1) outlined the post confirmation loan terms and (2) provided that … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, financing, plan of reorganization
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