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).

Bankruptcy Sales: “It Ain’t Over ’Til It’s Over”

Posted on January 20, 2015 by BankruptcyRealEstateInsights

Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) – Two companies that acquired assets in a bankruptcy auction moved to reopen the case to clarify ambiguities in the … Continue reading →

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Proof of Claim: Foreign Qualification Requirements May Be More Important Than You Thought

Posted on January 16, 2015 by BankruptcyRealEstateInsights

In re Flex Fin. Holding Co., 518 B.R. 891 (Bankr. D. Kan. 2014) – A landlord filed a proof of claim for ~$1.34 million for a debtor’s prepetition breach of its lease.  The debtor objected based on the landlord’s failure to qualify … Continue reading →

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UCC Collateral Description: More May Not Be Better

Posted on January 13, 2015 by BankruptcyRealEstateInsights

Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.), 519 B.R. 586 (Bankr. W.D.N.Y. 2014) – A chapter 7 trustee sought to recover as preferences payments made by the debtor to a lender and proceeds of collateral liquidation received by … Continue reading →

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Prepetition Stay Waivers: Which Way Is The Wind Blowing?

Posted on January 9, 2015 by BankruptcyRealEstateInsights

In re Triple A & R Inv., Inc., 519 B.R. 581 (Bankr. D. P.R. 2014) – A mortgagee moved for relief from the automatic stay based on the debtor’s prepetition consent to stay relief.  The debtor argued that a prepetition waiver … Continue reading →

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Delinquent Property Tax Collection: Dancing Around the Automatic Stay

Posted on January 6, 2015 by BankruptcyRealEstateInsights

In re Killmer, 513 B.R. 41 (Bankr. S.D.N.Y. 2014) – After reopening a bankruptcy case, a mortgagee moved for a determination that a post-petition delinquent property tax sale was void because it was held in violation of the automatic stay.  In … Continue reading →

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Construction Contracts: Nothing Beats a Meeting of the Minds

Posted on December 30, 2014 by BankruptcyRealEstateInsights

Waldschmidt v. Singletary Construction LLC (In re Tackett), 516 B.R. 498 (Bankr. M.D. Tenn. 2014) – A bankruptcy trustee sought turnover of profits from the sale of homes constructed by a contractor.  The trustee contended that there were contracts between the … Continue reading →

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