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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: March 2016
Escrow Funds: Who Gets to Keep the Cash?
Escrow Funds: Who Gets to Keep the Cash? In Re Cypress Health Systems Florida, Inc., 536 B.R. 334 (Bankr. N.D. Fla. 2015) – A Chapter 11 debtor filed a motion to require a title company to turn over a $50,000 … Continue reading
Rents: The Battle Over Use of Rents to Pay Professionals
Wolf v. Firstmerit Bank, N.A. (In re Wolf), 535 B.R. 772 (N.D. Ill. 2015) – Chapter 11 debtors filed a motion to allow them to use rents to pay their professional fees over the objection of a bank that held … Continue reading
Foreclosure Effects: Beware of State Laws
In re Anthony, 534 B. R. 834 (Bankr. M.D. Fla. 2015) – A debtor objected to a mortgage debt on the basis that the mortgage lien was invalid due to the mortgagee’s delay in foreclosing. The court held that the … Continue reading
Leases: To Be or Not to Be a Nonresidential Lease
In re Memory Lane of Bremen, LLC, 535 B. R. 901 (Bankr. N.D. Ga.) – The chapter 11 debtors operated senior long-term care facilities on real property owned by a third party. The third party claimed that the debtors occupied the … Continue reading
Lease Claims: Once Again, You Snooze You Lose
Bell v. Brothers Properties Smyrna, LLC (In Re Bell) – A landlord filed claims for prepetition rent and lease rejection damages after the general claims bar date. The chapter 13 trustee objected. The bankruptcy court considered whether it could use … Continue reading