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: May 2019
Reopening a Case: Who Can Upset the Apple Cart?
Plant Materials, LLC v. Alliance Consulting Group, LLC, 596 B.R. 851 (S.D. Miss. 2019) – A contractor that installed a sand screen at a drying facility previously owned by the debtor that was sold “free and clear” in its bankruptcy filed … Continue reading
Appeals of “Sale” Orders: Sometimes They Are Moot and Sometimes They Are Not
Fenicle v. Energy Future Holdings Corp. (In re Energy Future Holding Corp.), 596 B.R. 473 (D. Del. 2019) – Parties representing “Unmanifested Asbestos Claims” sought to appeal a bankruptcy court order confirming a plan of reorganization that included a sale of … Continue reading
Avoiding Mortgages: Not All Typos Are Fatal
Fuhrman v. Wilmington Sav. Fund Society FSB (In re Fuhrman), 596 B.R. 343 (Bankr. E.D. Mich. 2018) – A chapter 13 debtor sought disallowance of a mortgage claim based on an error in the mortgage legal description. The lender moved to … Continue reading
Order in Aid of Sale of a Business: Can the Court Enjoin a Debtor from Competing with the Purchaser?
Butler v. Wojtkun (In re Wojtkun), 596 B.R. 74 (D. Mass. 2019) – To facilitate the sale of a debtor’s dental practice, a chapter 7 trustee sought issuance of a noncompetition injunction against the debtor. The bankruptcy court declined to issue … Continue reading
Debt Recharacterization, Etc.: Standing, Standing and More Standing
Elswick Co., LLC v. Comm2013 CCRE12 Crossings Mall Road LLC (In re Tara Retail Group, LLC), 595 B.R. 215 (Bankr. N.D. W.Va. 2018) – An unsecured tenant creditor brought an adversary proceeding to recharacterize or equitably subordinate a $17 million claim … Continue reading
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