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
Plan Discharge and Injunction Provisions: Creditors Beware
In re Orleans Homebuilders, Inc., 561 B.R. 46 (Bankr. D. Del. 2016) – A reorganized debtor brought a motion in bankruptcy court to enforce a chapter 11 plan of reorganization injunction: It sought a court order directing a residential condominium … Continue reading
Posted in Uncategorized
Tagged discharge of debts, executory contracts, plan of reorganization
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What It Means to Cure a Default: Never Take Anything for Granted, the Rules Can Always Change
Pacifica L 51 LLC v. New Investments Inc. (In re New Investments Inc.), 840 F.3d 1137 (9th Cir. 2016) – The debtor proposed a chapter 11 plan that included curing defaults under a mortgage loan. The lender objected because the … Continue reading
Bankruptcy Estate: Would the Automatic Stay Protect a Squatter?
In re Castle Service, 560 B.R. 587 (Bankr. D. Utah 2016) – The debtor occupied but did not hold title to the real property where its business was located. A mortgagee seeking to foreclose on the property moved for a … Continue reading
Property Surrender: Surrender Means Surrender – No If’s, And’s or But’s
Failla v. Citibank, N.A. (In re Failla), 838 F.3d 1170 (11th Cir. 2016) – After chapter 7 debtors filed a statement of intention to surrender their house to their mortgagee, they continued to oppose the lender in a state court … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, financing, foreclosure
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Deeds: Not All “Freebies” Are Fraudulent
Rodriguez v. Nelabovige (In re Kirst), 559 B.R. 757 (Bankr. D. Colo. 2016) – About a year before filing bankruptcy, a debtor conveyed his interest as a joint tenant in a residential property to his mother-in-law in consideration for $10. … Continue reading
Broker Commissions: So You Want To Be Paid
Harris v. Scarcelli (In re Oak Knoll Assoc., L.P.), 835 F.3d 24 (1st Cir. 2016) – A real estate broker asserted a claim for a commission in connection with a post-petition sale of property by the debtor. The bankruptcy court … Continue reading
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