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: December 2019
Extending the Stay to Third Parties: Sometimes a Bankruptcy Court Will Intercede
Durr Mechanical Constr., Inc. v. I.K. Constr. Inc. (In re Durr Mechanical Constr., Inc.), 604 B.R. 131 (S.D.N.Y. 2019) – A general contractor debtor filed an adversary proceeding against a subcontractor seeking various relief. It then filed a motion seeking to … Continue reading
Easements and Sales “Free and Clear”: Oops – All Gone
Port of Corpus Christi Auth. v. Sherwin Alumina Co., L.L.C. (In re Sherwin Alumina Co., L.L.C.), 932 F.2d 404 (5th Cir. 2019) – A state port authority (1) challenged sale of property free and clear of its road easement on Eleventh … Continue reading
Chapter 7 Sales: The Debtor May Be Pretty Much Irrelevant
Pasley v. Keats (In re Pasley), 603 B.R. 6 (6th Cir. BAP 2019) – A chapter 7 trustee sought to sell real estate owned by the debtor’s limited liability company (LLC). When the bankruptcy court entered an order approving the sale … Continue reading
Sale Orders: What Constitutes a Collateral Attack?
Fulmer v. Fifth Third Equipment Finance Co., 931 F.3d 730 (8th Cir. 2019) – A chapter 7 trustee sued more than 20 defendants alleging more than a dozen causes of action based on an allegation that a higher price could have … Continue reading
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