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
Sale Proceeds: Better Get the Carve-Out Right the First Time
In re Stacy’s, Inc., 508 B.R. 370 (Bankr. D. S.C. 2014) – A debtor sold substantially all of its assets after negotiating with its primary secured creditor for carve-outs from the sale proceeds for administrative priority and general unsecured claims. When … Continue reading
Posted in Bankruptcy Sales, Financing
Tagged bankruptcy procedures, cash collateral, financing, sale procedures
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Loan to Own: A Potpourri of Bankruptcy Attacks
Colony Beach & Tennis Club Ass’n, Inc. v. Colony Lender, LLC (In re Colony Beach & Tennis Club, Inc.), 508 B.R. 468 (Bankr. M.D. Fla. 2014) – Three affiliated debtors (RMI, CBTC and CBI) proposed a plan of reorganization that, among … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, bankruptcy procedures, cramdown, plan of reorganization
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Loan to Own Variation: Bankruptcy May Not Provide The Answers
In re SR Real Estate Holdings, LLC, 506 B.R. 121 (Bankr. S.D. Cal. 2014) – A group of lenders moved to dismiss the debtor’s bankruptcy case on the basis that it was filed in bad faith, or in the alternative asked … Continue reading
Strong Arm Powers: Mortgage Boo-Boo Strikes Again
Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) – A Chapter 13 trustee and the debtor sought to use the strong arm powers of a hypothetical bona fide purchaser of real … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Cramdown Hurdles Round 2: Confirmation Can Be An Elusive Prize
In re NNN Parkway 400 26, LLC, 505 B.R. 277 (Bankr. C.D. Cal. 2014) – The primary creditor (an undersecured lender) objected to the debtors’ proposed plan of reorganization on various grounds, including that the plan violated the “absolute priority rule,” … Continue reading
Cramdown Hurdles: How to Play the Classification Game (Or Not)
In re New Bride Missionary Baptist Church, 509 B.R. 85 (Bankr. E.D. Mich. 2014) – After the bankruptcy court denied confirmation of a debtor’s proposed chapter 11 plan of reorganization because there was no accepting impaired class, the debtor proposed … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, cramdown, plan of reorganization
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