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
Property Tax Foreclosure: Tax Authority May Have to Pay for Equity in Property
Clinton County Treasurer v. Wolinsky, 511 B.R. 34 (N.D.N.Y. 2014) – A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The bankruptcy court agreed that the … Continue reading
Posted in Real Estate
Tagged avoidance action, fraudulent conveyance, property taxes
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Affiliate Transfer: Fraudulent Conveyance or Unwinding Resulting Trust?
Anderson v. Architectural Glass Constr., Inc. (In re Pfister), 749 F.3d 294 (4th Cir. 2014) – A chapter 7 trustee sought to set aside as a a debtor’s transfer of her interest in property held jointly with her husband to her … Continue reading
Posted in Real Estate
Tagged avoidance action, fraudulent conveyance, strong arm powers
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Bankruptcy Sales and Leases: “Free And Clear” May Not Be So “Free And Clear”
Dishi & Sons v. Bay Condos LLC, 510 B.R. 696 (S.D.N.Y. 2014) – In approving the sale of a Chapter 11 debtor’s assets, a bankruptcy court found that a tenant of the debtor was entitled to continue in possession of … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged bankruptcy procedures, lease, sale "free and clear"
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Environmental Claims: Twenty Years Later
In re Solitron Devices, Inc., 510 B.R. 890 (Bankr. S.D. Fla. 2014) – A Chapter 11 debtor moved to reopen its bankruptcy case more than 15 years after it was closed in order to enforce the plan confirmation order to … Continue reading
Posted in Real Estate
Tagged claim determination, discharge of debts, plan of reorganization
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Post-Petition Interest: Default Rate Is Not a Slam Dunk
In re Residential Capital, LLC, 508 B.R. 851 (Bankr. S.D.N.Y. 2014) – An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected, arguing that the lender should be limited to the … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, claim determination, financing
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Sale “Free and Clear”: Adequate Protection of Nothing is Nothing
In re Elk Grove Village Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014) – After substantially all of the debtors’ assets were sold in a bankruptcy sale, a secured lender and a state tax authority made competing claims for turnover … Continue reading
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