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).

Brokers: Rely on Broker Statements at Your Peril

Posted on September 30, 2015 by BankruptcyRealEstateInsights

Alamo Group, LLC v. A & G Realty Partners, LLC (In re OSC 1 Liquidating Corp.), 529 B.R. 825 (Bankr. D. Del. 2015) – A purchaser of debtors’ lease designation rights filed a complaint in bankruptcy court against the debtors’ real … Continue reading →

Posted in Bankruptcy Sales, Real Estate | Tagged , | Leave a comment

Property Surrender: Surrender Means Surrender – Really

Posted on September 23, 2015 by BankruptcyRealEstateInsights

In re Failla, 529 B.R. 786 (Bankr. S.D. Fla. 2014) – Individual chapter 7 debtors filed a statement of intention electing to surrender their real estate.  The mortgagee contended that they had failed to do so and filed a motion to … Continue reading →

Posted in Financing, Real Estate | Tagged , | Leave a comment

Broker Commissions: Technical Requirements Trump Equitable Considerations

Posted on September 16, 2015 by BankruptcyRealEstateInsights

In re Oak Knoll Assocs., L.P., 525 B.R. 175 (Bankr. D. Me. 2015) – A real estate broker sought allowance of an administrative expense claim for his commission in connection with a sale of real estate.  The debtor and its general … Continue reading →

Posted in Real Estate | Tagged | Leave a comment

Strong Arm Powers: Does Sovereign Immunity Trump a Claim Based on State Law?

Posted on September 9, 2015 by BankruptcyRealEstateInsights

Kohut v. Wayne County Treasurer (In re Lewiston), 528 B.R. 387 (Bankr. E.D. Mich. 2015) – The debtor made property tax payments on behalf of several real estate projects.  The chapter 7 trustee sought to recover those payments from the county as … Continue reading →

Posted in Real Estate | Tagged , , , | Leave a comment

Settlement Proceeds: When Does Cash Become Quasi Real Estate?

Posted on September 2, 2015 by BankruptcyRealEstateInsights

Farmer v. Citizens Nat’l Bank of Athens (In re Davis), 528 B.R. 757 (Bankr. E.D. Tenn. 2015) – A chapter 7 trustee sought a court determination that the trustee had a superior claim to settlement proceeds arising from damage to real property.  … Continue reading →

Posted in Financing, Real Estate | Tagged , | Leave a comment

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

Posted on August 26, 2015 by BankruptcyRealEstateInsights

BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a developer’s bankruptcy.  The district court found … Continue reading →

Posted in Financing, Real Estate | Tagged | Leave a comment