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
Avoidance Recoveries: Who Can Be Sued And When?
Securities Investor Protection Corp. v. Bernard L. Madoff Inv. Securities LLC, 501 B.R. 26 (S.D.N.Y. 2013) – The debtor (Madoff Securities) made payments to “feeder funds” that provided its funding, and the feeder funds in turn made payments to their investors, … Continue reading
Posted in Uncategorized
Tagged avoidance action, bankruptcy procedures, strong arm powers
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Bankruptcy Sale: A Potpourri of Issues
In re Scimeca Found., Inc., 497 B.R. 783 (Bankr. E.D. Pa. 2013) – A chapter 7 trustee sought court approval for a sale of the debtor’s property and resolution of related issues over the objections of the debtor. In granting the … Continue reading
Unrecorded Mortgage Assignment: If You Snooze, You Can Lose
In re First Mortgage Fund, Inc., 498 B.R. 180 (E.D. Mich. 2013) – A debtor (First Mortgage), which was the mortgagee of record, foreclosed a mortgage and obtained title to the foreclosed property notwithstanding that it had assigned the note and … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, claim determination, strong arm powers
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Control Of An LLC: Who Comes Out On Top – A Bankrupt Member Or The Member’s Chapter 7 Trustee?
In re B&M Land and Livestock, LLC, 498 B.R. 262 (Bankr. D. Nev. 2013) – A chapter 7 debtor that was the sole member and manager of a limited liability company filed a chapter 11 bankruptcy on behalf of the LLC. The United … Continue reading
Underwater Liens: Can A Federal Tax Lien Be Stripped Off In A Chapter 13?
Ryan v. United States of America (In re Ryan) 725 F.3d 623 (7th Cir. 2013) – A chapter 13 debtor sought to void a federal tax lien under Section 506(d) of the Bankruptcy Code to the extent that it exceeded the value … Continue reading
Claim Priority: Construction Lien Meets Mortgage – Who Wins?
ROK Builders, LLC v. 2010-1 SFG Venture LLC (In re Moultonborough Hotel Group, LLC), 726 F.3d 1 (1st Cir. 2013) – After the owner of a newly constructed hotel filed bankruptcy, the assignee of the construction mortgage sought a declaration that … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, priority of interests, statutory liens
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