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).

Real Estate Purchase Agreement: Contract for Deed or Mortgage – It Makes a Difference

Posted on February 26, 2020 by BankruptcyRealEstateInsights

In re Edwards, 606 B.R. 356 (Bankr. E.D. Ark. 2019) – A chapter 13 debtor proposed a plan that treated a contract for deed as a secured claim. The seller objected, contending that the contract was terminated prepetition so that the … Continue reading →

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

Documents Under Seal: The Word “Seal” on a Preprinted Form May Be More Than a Vestige of Times Gone By (a/k/a 20 Years Is a Long Time)

Posted on February 19, 2020 by BankruptcyRealEstateInsights

In re George, 606 B.R. 236 (Bankr. E.D. Pa. 2019) – A chapter 13 debtor objected to the proof of claim filed by a lender asserting an unsecured claim based on the debtor’s guaranty. The debtor contended that the guaranty was … Continue reading →

Posted in Financing | Tagged | Leave a comment

Anti-Assignment Provisions: Restrictions on Transfer of Promissory Notes May Be More Enforceable Than You Might Expect

Posted on February 12, 2020 by BankruptcyRealEstateInsights

In re Woodbridge Group of Companies, LLC, 608 B.R. 201 (D. Del. 2019) – The debtor objected to a creditor’s proof of claim on the grounds that transfer of the claim to the creditor was unenforceable against the debtor because it … Continue reading →

Posted in Financing | Tagged , | Leave a comment

Cash Collateral: What Does It Take to Address the Risk That Once Cash Is Used It Is Just Gone?

Posted on February 5, 2020 by BankruptcyRealEstateInsights

In re Tevoortwis Dairy, LLC, 605 B.R. 833 (E.D. Mich. 2019) – A Chapter 11 debtor filed a motion to use cash collateral. The key question was whether there was adequate protection of the lender’s interest in the cash collateral.

Posted in Financing | Tagged | Leave a comment

Discharge Injunction: Is a Billing Statement Disclaimer Enough to Avoid Contempt?

Posted on January 29, 2020 by BankruptcyRealEstateInsights

Roth v. Nationstar Mortgage, LLC (In re Roth), 935 F.3d 1270 (11th Cir. 2019) – A chapter 13 debtor sought to reopen her case so that she could move for imposition of contempt sanctions against a mortgagee based on its willful … Continue reading →

Posted in Financing | Tagged | Leave a comment

Recovery of Avoided Transfers: Section 550 Run Amok (Again)?

Posted on January 22, 2020 by BankruptcyRealEstateInsights

Rajala v. Husch Blackwell LLP (In re Generation Resources Holding Co., LLC), 604 B.R. 896 (Bankr. Kan. 2019) – After a consent decree avoiding the transfer of property from the debtor to a second entity, a chapter 7 trustee sought to … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment