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).

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

Posted in Bankruptcy Sales | Tagged , | Leave a comment

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

Posted in Financing, Real Estate | Tagged , | Leave a comment

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

Posted in Bankruptcy Sales | Tagged | Leave a comment

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

Posted in Financing | Tagged , | Leave a comment

Joint Tenants: The Case of The Disappearing Interest

Cohen v. Chernushin (In re Chernushin), 911 F.3d 1265 (10th Cir. 2018) – After a debtor’s postpetition death, a chapter 7 trustee brought an adversary proceeding seeking to sell a second home that had been owned by the debtor and his … Continue reading

Posted in Real Estate | Tagged , | Leave a comment

Landlord Bankruptcy: A Tenant Is Not Out of Options If the Landlord Rejects Its Lease

IDEA Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC Inc.), 909 F.3d 597 (3rd Cir. 2018) – A tenant that elected to retain its rights under a commercial lease after a debtor landlord rejected the lease sought clarification … Continue reading

Posted in Real Estate | Tagged | Leave a comment

Discharge of Debt: A Seller Relying on a Buyer’s Assumption of Debt May Be Out of Luck If the Buyer Files Bankruptcy

Recanati v. Roberts (In re Roberts), 594 B.R. 484 (Bankr. N.D. Fla. 2018) – In connection with acquisition of a restaurant the debtor agreed to assume debts of the business. After the debtor filed a chapter 7 bankruptcy, the former owners … Continue reading

Posted in Financing | Tagged | Leave a comment