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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Author Archives: BankruptcyRealEstateInsights
Serial Filings That Block a Creditor: Better Not to Obtain More Relief Than You Need
In re Ross, 838 F.3d 779 (3rd Cir. 2017) – A debtor filed bankruptcy to block a foreclosure. When he sought to voluntarily dismiss the case, the bankruptcy court granted the request but also enjoined him from filing at any … Continue reading
Sale Appeals: No Stay, No Appeal – Or Maybe Not
Brown v. Ellmann (In re Brown), 851 F.3d 619 (6th Cir. 2017) – After a chapter 7 trustee sold mortgaged residential property that had been surrendered by the debtor, the debtor claimed an exemption in the sale proceeds based on … Continue reading
Structured Dismissal: Congress Does Not Hide Elephants in Mouseholes?
Czyzewski v. Jevic Holding Corp., 580 U.S. ____, 137 S.Ct. 973, __ L. Ed. 2d ___ (2017) – Settlement of LBO litigation led to a structured dismissal of a chapter 11 bankruptcy case that resulted in distributions to general unsecured creditors … Continue reading
Foreclosure: Debtor Who Fails to Pay Has an Uphill Battle Finding a Remedy Based on Procedural Defects
Turner v. Wells Fargo Bank N.A. (In re Turner), 859 F.3d 1145 (9th Cir. 2017) – The debtors brought multiple claims following foreclosure of their residence. After the bankruptcy court dismissed the claims in a decision that was affirmed by the … Continue reading
Plan Valuation of Secured Claims: What Happens When Foreclosure Value Is Higher Than Without Foreclosure?
First Southern Nat’l. Bank v. Sunnyslope Housing Ltd. P’ship. (In re Sunnyslope Housing Ltd. P’ship.), 859 F.3d 637 (9th Cir. 2017) – A creditor appealed a bankruptcy court order valuing a secured claim at $3.9 million for purposes of a … Continue reading
Surcharging Collateral: Amazing How Long People Can Fight over Money
Peters v. Clark (In re Bryan), 857 F.3d 1078 (10th Cir. 2017) – After a convoluted history of appeals and remands, issues relating to the sale of a residence by a chapter 7 trustee once again came before the 10th … Continue reading
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