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
Leases: How About Those Attorneys’ Fees?
Leases: How About Those Attorneys’ Fees? In re FKA FC, LLC, 545 B.R. 567 (Bankr. W.D. Mich. 2016) – A chapter 11 debtor sought to assume and assign a lease. The debtor contended that the cost to cure defaults under … Continue reading
When Is Involuntary Vesting Incompatible with Surrender? – When a Court Says So
In re Tosi, 546 B.R. 487 (Bankr. D. Mass 2016) – A mortgagee objected to a proposed chapter 13 plan which provided that the debtor’s title to the mortgaged property would automatically vest in the mortgagee if the debtor and … Continue reading
Condominium Assessments: Dischargeable or Not?
In re Montalvo, 546 B.R. 880 (Bankr. M.D. Fl. 2016) – A chapter 13 debtor moved for sanctions against a condominium as one for violations of the automatic stay and discharge injunction based on collection of condominium assessments. The court’s … Continue reading
Bond Financing Liens: Who’s on First?
Zucker v Wesbanco Bank, Inc. (In re Fairmont General Hospital, Inc.), 546 B.R. 659 (Bankr. N.D. W.Va. 2016) – A chapter 11 liquidating trustee and a bond trustee brought an adversary proceeding against the Marion County Commission (Commission) as the … Continue reading
Plan Voting: Insiders – Do You Know One When You See One?
U.S. Bank N.A. v The Village at Lakeridge, LLC (In re The Village at Lakeridge, LLC), 814 F.3d 993 (9th Cir. 2016) – A secured creditor filed a motion to designate an unsecured creditor’s claim and disallow the creditor’s vote … Continue reading
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Tagged bankruptcy procedures, claim determination, plan of reorganization
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Chapter 11 Bankruptcy Sale: So Who Needs a Plan of Reorganization Anyway?
In re Tempnology, LLC, 542 B.R. 50 (Bankr. D. N.H.) – After lining up a stalking horse bidder and holding on auction, a chapter 11 debtor sought court approval of a sale of substantially all of its assets prior to … Continue reading
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