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: July 2014
Sale “Free and Clear”: Adequate Protection of Nothing is Nothing
In re Elk Grove Village Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014) – After substantially all of the debtors’ assets were sold in a bankruptcy sale, a secured lender and a state tax authority made competing claims for turnover … Continue reading
Strong Arm Powers: For Want of An “S” the Mortgage Was Lost
Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) – A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Lease Abatement: The Act of Eliminating or Nullifying
N. Providence, LLC v. Great Atlantic & Pacific Tea Co., Inc. (In re Great Atlantic & Pacific Tea Co., Inc.), 510 B.R. 42 (S.D.N.Y. 2014) – A lease provided that if the landlord failed to pay a construction allowance when … Continue reading
Sale Free and Clear: Permitted “Matters of Record” May Be Broader Than You Expect
In re Joan Fabrics Corp., 508 B.R. 881 (Bankr. D. Del. 2014) – The buyer of assets in a bankruptcy sale sought to enforce its asset purchase agreement against a county that was seeking to collect personal property taxes arising … Continue reading
Homestead (And Other) Exemptions: Some Fraud Counts More Than Others
Law v Siegel, 134 Sup.Ct. 1188, 188 L.Ed.2d 146 (2014) – A bankruptcy court ordered that a debtor’s homestead exemption be surcharged to pay the attorney’s fees of a Chapter 7 incurred in overcoming the debtor’s fraud. The order was affirmed … Continue reading
Title Insurance: May Not Solve As Many Problems As You Might Expect
Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) – In the context of the bankruptcy proceeding to determine the validity of a mortgage, the mortgagee filed a third-party … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, claim determination, financing
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