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).

Postpetition Sale: What Happens If the Debtor Won’t Perform (Not Much)?

Posted on May 4, 2016 by BankruptcyRealEstateInsights

In Re Engels, 536 B.R. 529 (Bankr. N.D. N.Y. 2015) – Postpetition a chapter 13 debtor signed an asset purchase agreement to sell certain real estate subject to court approval. However, the debtor never sought approval – not even after … Continue reading →

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Property Surrender Round 2: Can a Mortgagee Really Be Forced to Take Title?

Posted on April 27, 2016 by BankruptcyRealEstateInsights

In re Williams, 542 B.R. 514 (Bankr. D. Kan. 2015) – A chapter 13 debtor obtained confirmation of a plan which provided for surrender of his residential property to a secured creditor. The debtor later moved to amend the plan … Continue reading →

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Single Asset Real Estate Cases: 0 Is Less Than 4 – Or Is It?

Posted on April 20, 2016 by BankruptcyRealEstateInsights

In Re Kachina Village, LLC, 538 B.R. 124 (Bankr. D. N.M. 2015) – A creditor sought to have its collateral designated as “single asset real estate” in order to trigger certain special protections relating to the automatic stay. The court’s … Continue reading →

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UCC Sales: Do Not Take the Sale Process for Granted

Posted on April 13, 2016 by BankruptcyRealEstateInsights

Morgantown Excavators, Inc. v. The Huntington National Bank (In re Godfrey), 537 B.R. 271 (Bankr. N.D. W. Va. 2015) – Two chapter 7 debtors sued a lender claiming violations of the Uniform Commercial Code (UCC) in connection with the lender’s … Continue reading →

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Limited Liability Company: How Far Can a Member’s Trustee Reach?

Posted on April 6, 2016 by BankruptcyRealEstateInsights

Simon v. Miller (In re Miller Parking Co., LLC), 536 B.R. 197 (E.D. Mich. 2015) – Both a limited liability company and its sole member filed chapter 7 bankruptcy cases. The chapter 7 trustee for the sole member filed a … Continue reading →

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Escrow Funds: Who Gets to Keep the Cash?

Posted on March 30, 2016 by BankruptcyRealEstateInsights

Escrow Funds: Who Gets to Keep the Cash? In Re Cypress Health Systems Florida, Inc., 536 B.R. 334 (Bankr. N.D. Fla. 2015) – A Chapter 11 debtor filed a motion to require a title company to turn over a $50,000 … Continue reading →

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