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
Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance
Baker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 784 F.3d 978 (5th Cir. 2015) – An undersecured mechanic’s lien claimant contended that it was entitled to elect to treat its claim as fully secured under Section 1111(b) of … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, financing, plan of reorganization, sale procedures
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Partner Liability: Choice of Law Could Make More of a Difference Than You Might Expect
Residential Liquidating Trust v. Mortgage Investors Group, Inc. (In re Residential Capital, LLC), 527 B.R. 590 (Bankr. S.D.N.Y. 2015) – A liquidating trust sued the general partners of a partnership for claims of contractual breach by the partnership. The partners argued … Continue reading
Individual Debtor Exemptions: What Can You Do With a Rent-Stablized Lease?
Santiago-Monteverde v Pereira (In re Santiago-Monteverde), 780 F.3d 126 (2d Cir. 2015) – A Chapter 7 trustee sought to assume a debtor’s rent-stabilized lease so that he could sell it to the owner of the building. In response, the debtor amended … Continue reading
Sales Free and Clear: Does Consent Really Mean Consent?
In re Arch Hospitality, Inc., 530 B.R. 588 (Bankr. W.D.N.Y. 2015) – A Chapter 11 debtor sought bankruptcy court approval to sell a hotel free and clear of liens in a Section 363 sale. The issues before the court ultimately turned on … Continue reading
Non-Recourse Loans: Turning Into Recourse and Back Again
Mastan v. Salamon (In re Salamon), 528 B.R. 171 (9th Cir. BAP 2015) – The bankruptcy court disallowed the claim of a deed of trust creditor on the grounds that it was barred by the applicable state anti‑deficiency statute. The creditor … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, bankruptcy procedures, claim determination, financing
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Bare Legal Title: Joint Tenancy Meets Equitable Resulting Trust
Davis v. Hoa Thi Phan (In re Tung Thanh Nguyen), 783 F.3d 759 (10th Cir. 2015) – A chapter 7 trustee sought to avoid as a fraudulent conveyance a debtor’s transfer of real property to his sister by quit claim deed for … Continue reading
Posted in Real Estate
Tagged avoidance action, fraudulent conveyance, strong arm powers
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