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: January 2019
Construction Payments: Can A Debtor Grab the Money?
Insite Corp. v. Walsh Constr. Co. Puerto Rico, 906 F.3d 139 (1st Cir. 2018) – A debtor subcontractor sought to recover progress payments it claimed were due from a general contractor. The general contractor argued that the debtor did not have … Continue reading
Disclosing Assets: You Cannot Have Your Cake and Eat It Too
Fornesa v. Fifth Third Mtg. Co., 897 F.3d 624 (5th Cir. 2018) – A debtor and his son sued a bank for foreclosing on property that the debtor acquired from his son postpetition while the automatic stay was in effect. Litigation … Continue reading
Strong Arm Powers: Watch out for That Hypothetical Bona Fide Purchaser – It Can Do More Than Void Transfers and Obligations
Fallon Family, L.P. v. Goodrich Petroleum Corp. (In re Goodrich Petroleum Corp.), 894 F.3d 192 (5th Cir. 2018) – A non-debtor party filed a motion to either (1) compel the debtor to assume or reject a settlement agreement, or (2) “dissolve” … Continue reading
Automatic Stay Relief: Where Best to Untangle Joint Ownership Interests?
In re Guy, 587 B.R. 475 (Bankr. E.D.N.C. 2018) – A chapter 7 debtor and his sister jointly owned real property as tenants-in-common. The sister moved for relief from the automatic stay in order to commence a state court action for … Continue reading
Exemption for Government Assistance: How Needy Is Needy?
Hanson v. Seaver (In re Hanson), 903 F.3d 793 (8th Cir. 2018) – A chapter 7 trustee objected to a debtor’s exemption claim for a state property tax refund. The bankruptcy court sustained the objection; the Bankruptcy Appellate Panel affirmed on … Continue reading
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