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: November 2016
Chapter 7 Discharge: When Is In Rem Not In Rem?
In re Jackson 554 B.R. 156 (BAP 6th Cir. 2016) – At the request of a chapter 7 debtor, the bankruptcy court reopened his case and sanctioned the debtor’s condominium association for violating his discharge. On appeal the Bankruptcy Appellate … Continue reading
Authorizing a Bankruptcy: When Is a Vote Not Really a Vote?
In re Intervention Energy Holdings, LLC, 553 B.R. 258 (Bankr. D. Del. 2016) – A creditor objected to the bankruptcy filing of a limited liability company on the basis that the filing was unauthorized. Specifically, under the LLC’s operating agreement … Continue reading
Bankruptcy Sales: “Free and Clear” Is Not Necessarily a Free Pass
Encanto Restaurants, Inc. v. Luis S Aquino Vidal (In Re Cousins Int’l. Food Corp.), 553 B.R. 197 (Bankr. D. Puerto Rico 2016)) – A Chapter 11 debtor sold two restaurants under a bankruptcy sale order that provided that the sale … Continue reading
Ordinary Course Preference Defense: How Hard Can You Push to Get Paid?
Satija v. C-T Plaster, Inc. (In re Sterry Industries, Inc.), 553 B.R. 96 (Bankr. W.D. Tex.. 2016) – “Summers are hot in Texas, so pools are a hot item. But not hot enough to help a pool installer named Sterry … Continue reading
Bankruptcy Sales: Free and Clear Could Be Clearer
In re Love, 553 B.R. 54 (Bankr. D. S.C. 2016) – Chapter 13 debtors filed a motion seeking authority to sell 5 acres of real property free and clear of a mortgage covering the property. The mortgagee objected.
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