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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: May 2017
Pre-confirmation Bankruptcy Sale: When Can You Hurry up and Sell?
In re MCSGlobal Inc., 562 B.R. 648 (Bankr. E.D. Va. 2017) – A chapter 11 trustee sought court approval of a sale of substantially all of the debtor’s assets prior to confirmation of a plan of reorganization. The purchase agreement … Continue reading
Lease Rejection: What Happens When the Landlord and Tenant Are Both in Bankruptcy?
In re Railyard Co., LLC, 562 B.R. 481 (Bankr. D. N.M. 2016) – Both the landlord and an affiliated tenant filed bankruptcy. The landlord’s trustee filed a motion to reject the lease in the landlord’s case and filed a motion … Continue reading
Chapter 13 Plans: Start With The Standard Local Plan, And Then What? (Not Much)
In re Sperry, 562 B.R. 1 (Bankr. D. Mass. 2016) – The debtors’ chapter 13 plan included a provision requiring the first mortgagee to send the debtors monthly mortgage loan statements. The mortgagee argued that this made the plan unconfirmable.
UCC Debtor Name: To Avoid Disaster Dot All of The I’s and Don’t Forget the T’s
Mainsource Bank v. Leaf Capital Funding, LLC (In re Nay), 563 B.R. 535 (Bankr. S.D. Ind. 2017) – A bank brought an adversary proceeding seeking a determination of the validity and priority of the competing lien of an equipment lender. … Continue reading
Avoiding Mortgages (Again): Consider Carefully the Form of Execution / Acknowledgment When Using a Power Of Attorney
HSBC Bank USA, N.A. v. Lassman (In re DeMore), 844 F.3d 292 (1st Cir. 2016) – A chapter 7 trustee sought to avoid a mortgage using his strong arm powers based on an improper acknowledgment by a person executing the … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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