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
Buyer Standing: No Leg to Stand On
Buyer Standing: No Leg to Stand On Arlington Capital, LLC v. Bainton McCarthy LLC (In re GT Automation Group, Inc.), 828 F.3d 602 (7th Cir. 2016) – After a debtor’s assets were auctioned off, the bankruptcy trustee unsuccessfully sued the … Continue reading
Time-Barred Proof of Claim: To File or Not to File, That Is the Question
Johnson v. Midland Funding, LLC, 823 F.3d 1334 (11th Cir. 2016) – In two chapter 13 bankruptcy cases that were consolidated on appeal the debtors claimed that a creditor violated the Fair Debt Collection Practices Act (FDCPA) by filing a … Continue reading
Cramdown Plan of Reorganization: Can A $2400 Tail Wag An $8.6 Million Dog?
Village Green I, GP v. Fed. Nat’l. Mortgage Ass’n. (In Re Village Green I, GP), 811 F.3d 816 (6th Cir. 2016) – The debtor sought confirmation of a plan of reorganization where the impaired accepting class consisted of two claims … Continue reading
Avoiding Mortgages: How Far Does a Bona Fide Purchaser Have To Go in Searching Records?
Wenzel v. Green Tree Servicing, LLC (In re Wenzel), 554 B.R. 861 (Bankr. W.D. Wis. 2016) – A chapter 7 trustee and a debtor sought to avoid as a preference a mortgage assignment that was recorded within 90 days prior … Continue reading
Bankruptcy Sales: Consider All of the Facts
In re Moreno, 554 B.R. 504 (Bankr. D. N.M. 2016) – A chapter 7 trustee sought authority to sell real property in which the debtor had an interest as a tenant in common. Although the sale was to a relative … Continue reading
Guarantors Beware: Ignore Boilerplate at Your Peril
Edwards Family P’ship v Dickson, 821 F.3d 614 (5th Cir. 2016) – Prior to bankruptcy the debtor obtained loans from two lenders totaling $16 million that were guaranteed by its CEO. After the debtor defaulted and filed bankruptcy, the lenders … Continue reading
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