Author Archives: BankruptcyRealEstateInsights

About BankruptcyRealEstateInsights

Vicki R. Harding was a partner in the Detroit office of Pepper Hamilton LLP who moved to Arizona seeking warmer weather. Ms. Harding continues to handle commercial transactions with an emphasis on real estate and bankruptcy issues (but no longer owns a snow shovel).

Manufactured Home Loans: Deciding Whether the Chapter 13 Anti-Modification Provision Applies Can Be A Vexatious Issue

Posted on July 11, 2018 by BankruptcyRealEstateInsights

The Paddock, LLC v. Bennett (In re Bennett), 584 B.R. 15 (8th Cir. B.A.P. 2018) – The debtors proposed a chapter 13 plan that modified the rights of a creditor whose claim was secured by their manufactured home. The creditor objected … Continue reading →

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Bankruptcy Sales: A “Free and Clear” Sale Does Not Necessarily Mean That the Buyer Goes Scot-Free

Posted on July 4, 2018 by BankruptcyRealEstateInsights

In re Gawker Media LLC, 581 B.R. 754 (Bankr. S.D.N.Y. 2017) – A purchaser of substantially all of the debtors’ assets sought to enforce the “free and clear” language in the bankruptcy court sales order by asking the bankruptcy court to … Continue reading →

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Pre-Bankruptcy Lease Termination for Default: Will That Allow the Landlord to Escape Bankruptcy?

Posted on June 27, 2018 by BankruptcyRealEstateInsights

In re Chase Monarch Int’l. Inc., 581 B.R. 715 (Bankr. D Puerto Rico 2017) – A landlord sought immediate surrender of commercial leased premises on the basis that the lease was terminated prior to bankruptcy so that the debtor had no … Continue reading →

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Chapter 7 Sale: Debtor Out of Luck Unless Property Is Abandoned

Posted on June 20, 2018 by BankruptcyRealEstateInsights

In re Mejia, 576 B.R. 464 (Bankr. S.D.N.Y. 2017) – A chapter 7 debtor sought bankruptcy court approval to sell property in a section 363 sale. The trustee filed an untimely objection on the grounds that a chapter 7 debtor must … Continue reading →

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Disallowed Claims and Lien Stripping: Plain English May Not Be Sufficient to Win the Day

Posted on June 13, 2018 by BankruptcyRealEstateInsights

Kohout v. Nationstar Mortgage, LLC, 576 B.R. 290 (N.D.N.Y. 2017) – Chapter 13 debtors sought to avoid a mortgage lien after the claim was disallowed on procedural grounds. The bankruptcy court found in favor of the mortgagee and the debtors appealed … Continue reading →

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Delinquent Property Tax Sales: What Rights Does a Tax Sale Purchaser Have?

Posted on June 6, 2018 by BankruptcyRealEstateInsights

Encore Assets, LLC v. Woodley (In re Woodley), 579 B.R. 630 (Bankr. N.D. Ga. 2017) – A chapter 13 debtor proposed to pay a prepetition property tax sale purchaser the statutory redemption amount over time. The purchaser objected, contending that the … Continue reading →

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