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
Foreclosure Sale: In a Race With a Bankruptcy Filing, Who Wins?
RBS, Inc. v. Bell (In re Bell), 507 B.R. 898 (S.D. W.Va. 2014) – The purchaser at a foreclosure sale sought relief from the automatic stay to complete the sale. The bankruptcy court denied the request on the basis that … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, bankruptcy procedures, financing
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Entireties Property, Etc.: Who Can Grab the Rents?
In re Adams, 506 B.R. 688 (Bankr. E.D.N.C. 2014) – An individual debtor owned commercial real estate with his wife as tenants by the entireties and co-owned some rental properties with his son as tenants in common. The chapter 7 trustee … Continue reading
Stay Pending Appeal: Some Days A Stay Is Easier to Obtain Than Others
A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (7th Cir. 2014) – Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed. Both the bankruptcy court and district court denied … Continue reading
Missing Mortgage Details: At the End of the Day These Mortgages Survived
In re Crane, 742 F.3d 702 (7th Cir. 2013) – Chapter 7 trustees sought to avoid mortgages in two separate cases using their strong-arm powers. They argued that failure to include the loan maturity date and interest rate in the … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Bankruptcy Sale: No Stay Pending Appeal, Then No Appeal?
Rushton v. ANR Company, Inc. (In re C.W. Mining Co.), 740 F.3d 548 (10th Cir. 2014) – After a chapter 7 trustee sold assets of the debtor in a bankruptcy sale, he sought to dismiss various pending appeals involving issues relating … Continue reading
LLC Membership Transfer: Is Expulsion of a Member a Preferential Transfer?
Garcia v. Garcia (In re Garcia), 507 B.R. 434 (Bankr. E.D.N.Y. 2014) – Limited liability company (LLC) membership interests owned by a debtor were transferred to other LLC members after they expelled him shortly before his Chapter 11 bankruptcy. The … Continue reading
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