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).

Sovereign Immunity: Still Plenty of Room for Argument When You Try to Recover From the Government

Posted on March 7, 2018 by BankruptcyRealEstateInsights

Zazzali v. United States (In re DBSI, Inc.), 869 F.3d 1004 (9th Cir. 2017) – A chapter 11 trustee sought to recover a debtor’s prepetition tax payments to the federal government on the grounds that they were fraudulent transfers. The government … Continue reading →

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Non-Dischargeability: Shuffling Assets Among Entities May Lead To Non-Dischargeability No Matter How Indirect and Difficult to Follow

Posted on February 28, 2018 by BankruptcyRealEstateInsights

Dz Bank Ag Deutsche Zentral-Genossenschaft Bank v. Meyer, 869 F.3d 939 (9th Cir. 2017)– The debtors caused assets to be transferred out of a closely-held corporation. A bank creditor alleged that the indirect transfer constituted a fraudulent transfer, and as … Continue reading →

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Statutory Liens: May Not Necessarily Be Unassailable

Posted on February 21, 2018 by BankruptcyRealEstateInsights

Los Angeles County Treasurer v. Mainline Equipment, Inc. (In re Mainline Equipment, Inc.), 865 F.3d 1179 (9th Cir. 2017) – A Chapter 11 debtor sought to avoid a county’s prepetition personal property tax liens pursuant to section 545 of the Bankruptcy … Continue reading →

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Nondischarge for Fraud and the Like: Going After the Debtor May be Harder Than You Would Expect

Posted on February 14, 2018 by BankruptcyRealEstateInsights

Cowin v. Countrywide Home Loans, Inc. (In re Cowin), 864 F.3d 344 (5th Cir. 2017) – Deed of trust holders sought to except debts from discharge in a debtor’s individual chapter 11 case on the grounds of debtor’s larceny, embezzlement, or … Continue reading →

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Deficiency Claims: State Law Procedures Can Safely Be Ignored … Or Not

Posted on February 7, 2018 by BankruptcyRealEstateInsights

Melikian Enterprises, LLLP v. McCormick, 863 F.3d 802 (8th Circuit 2017) – Individual chapter 11 debtors objected to a proof of claim filed by a deed of trust creditor for the deficiency remaining after a trustee’s sale of their property. … Continue reading →

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Sale Free and Clear of Lease: The Battle Between Section 363 and Section 365

Posted on January 31, 2018 by BankruptcyRealEstateInsights

Pinnacle Restaurant at Big Sky, LLC v. CH SP Acquisitions, LLC (In re Spanish Peaks Holdings II, LLC), 862 F.3d 1148 (9th Cir 2017) – The buyer of substantially all of the debtor’s real and personal property moved for an … Continue reading →

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