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).

Mortgage Notes: Those Nasty Assignments!

Posted on March 6, 2015 by BankruptcyRealEstateInsights

In re Baber, 523 B.R. 156 (Bankr. E.D. Ark. 2014) – The debtors objected to a proof of claim filed on behalf of a mortgagee based on issues arising from assignment of the mortgage note by the lender that originated the … Continue reading →

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Environmental Liability: Relief Through Bankruptcy Or Not?

Posted on March 3, 2015 by BankruptcyRealEstateInsights

In re Appalachian Fuel, LLC, 521 B.R. 779 (Bankr. E.D. Ky. 2014) – A state department of environmental protection (DEP) filed an administrative expense application in the bankruptcy cases of coal mining debtors for reclamation costs and penalties for postpetition environmental … Continue reading →

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Sale Orders: Ignore at Your Peril, Even After the Bankruptcy Case is Closed

Posted on February 27, 2015 by BankruptcyRealEstateInsights

Bombart v. The Family Center at Sunrise, LLC, 520 B.R. 300 (S.D. Fla. 2014) – The owner of assets purchased in a bankruptcy sale sought to reopen a closed bankruptcy case to obtain an order enjoining the owner of the debtor … Continue reading →

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Substantive Consolidation: When Abuse Goes Too Far An LLC Will Not Shield Assets

Posted on February 24, 2015 by BankruptcyRealEstateInsights

In re Carroll, 520 B.R. 491 (Bankr. M.D. La. 2014) – A chapter 7 trustee sought to substantively consolidate the bankruptcy estates of individual chapter 7 debtors with the separate bankruptcy estate of their wholly owned limited liability company (LLC).  Only the debtors, … Continue reading →

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Land Contracts: Mortgage Priority and Other Complications

Posted on February 20, 2015 by BankruptcyRealEstateInsights

Liebzeit v. Intercity State Bank (In re Blanchard), 520 B.R. 740 (Bankr. E.D. Wis. 2014) – A Chapter 7 trustee sought to avoid a mortgage on the debtors’ property using the “strong arm” powers of a hypothetical bona fide purchaser of … Continue reading →

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Surety Bonds: Direct Claims v Derivative Claims – Who Knew?

Posted on February 13, 2015 by BankruptcyRealEstateInsights

New Bern Riverfront Dev., LLC v Weaver Cooke Constr., LLC (In re New Bern Riverfront Dev. LLC), 521 B.R. 718 (Bankr. E.D.N.C. 2014) – The debtor made claims against a surety that issued a performance bond in connection with a construction … Continue reading →

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