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 Estate: When Is A Joint Venture A Partnership (And Who Cares)?

Posted on June 6, 2014 by BankruptcyRealEstateInsights

Bank of England v. Rice (In re Webb), 742 F.3d 824 (8th Cir. 2014) – A chapter 7 trustee sought to enjoin a bank from enforcing its security interest in rice and farming equipment that the trustee contended were assets of … Continue reading →

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Fraudulent Transfer: How Can A Warehouse Lender Qualify For The Good Faith Exception?

Posted on June 3, 2014 by BankruptcyRealEstateInsights

Gold v. First Tennessee Bank Nat’l Ass’n (In re Taneja), 743 F.3d 423 (4th Cir. 2014) – A liquidating trustee under a plan of reorganization sought to recover 12 payments totaling ~$4 million made by the debtor–mortgage broker to a bank … Continue reading →

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Upsetting a Bankruptcy Auction: Money Talks

Posted on May 30, 2014 by BankruptcyRealEstateInsights

In re Sunland, Inc., 507 B.R. 753 (Bankr. D. N.M. 2014) – After a bankruptcy auction to sell a peanut manufacturing plant concluded, but before a court hearing to approve the sale, a chapter 7 trustee received a substantially higher bid … Continue reading →

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Rents in Bankruptcy: Grab While You Can and You May Hold A Winning Hand

Posted on May 27, 2014 by BankruptcyRealEstateInsights

In re Madison Heights Group, LLC, 506 B.R. 728 (Bankr. E.D. Mich. 2013) – A mortgagee exercised its assignment of rents prior to bankruptcy. After a Chapter 11 case was filed, the debtor sought court authority to use rents from the … Continue reading →

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Bankruptcy Sales: “Free And Clear” Meets Tax Injunction Act

Posted on May 23, 2014 by BankruptcyRealEstateInsights

In re Old Carco LLC, 505 B.R. 151, (Bankr. S.D.N.Y. 2014) – A bankruptcy purchaser filed a motion with the bankruptcy court to prevent state tax authorities from using the debtor’s experience rating to determine purchaser’s unemployment insurance tax rate. … Continue reading →

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Affiliates and Insiders: Is A Limited Liability Company A Corporation (And Who Cares)?

Posted on May 20, 2014 by BankruptcyRealEstateInsights

Redmond v. CJD & Assocs., LLC (In re Brooke Corp.), 506 B.R. 560 (Bankr. D. Kan. 2014) – A preference defendant sought to amend its answer more than 21 months after the answer was filed to deny its “insider” status. … Continue reading →

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