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: June 2019
Mortgagee Stay Relief: Make Sure You Know the Scope of the Relief or Else
BMO Harris Bank, N.A. v. Anderson (In re Anderson), 917 F.3d 566 (7th Cir. 2019) – After a mortgagee obtained relief from the automatic stay so that it could foreclose its mortgage in state court, it returned to the bankruptcy court … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, bankruptcy procedures, foreclosure
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TICs: Maybe the Protection of Bankruptcy Will Be the Available If Needed, and Maybe Not
In re Fairfield TIC, LLC, 594 B.R. 852 (Bankr. E.D. Va. 2018) – The debtor and its co-owners bought a shopping center as tenants-in-common. After the debtor filed bankruptcy, the noteholder secured by a mortgage on the property and a receiver … Continue reading
Joint Property Sales: To Successfully Oppose a Sale, You Have to Make Your Case
Desmond v. Francis (In re Francis), 597 B.R. 195 (Bankr. D. Mass. 2019) – A chapter 7 trustee commenced an adversary proceeding seeking authority to sell property that the debtor co-owned with his wife as tenants by the entirety free of … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged bankruptcy procedures, sale "free and clear"
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Avoiding Mortgages: Local Rules Rule
Oliveras v. Banco Popular de Puerto Rico (In re Casanova), 595 B.R. 616 (Bankr. P.R. 2018) – A chapter 13 trustee brought an adversary proceeding to avoid a bank’s mortgage lien using his strong arm powers as a hypothetical bona fide … Continue reading
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