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
LLC Member: Is a Pre-Bankruptcy Expulsion Vulnerable to Attack?
Garcia v. Garcia (In re Garcia), 494 B.R. 799 (Bankr. E.D. N.Y. 2013) – Prior to bankruptcy, a chapter 11 debtor who had been a member of two limited liability companies was expelled by the other members on the basis that he … Continue reading
Posted in Uncategorized
Tagged avoidance action, fraudulent conveyance, preference, strong arm powers
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Treatment Under Plan of Reorganization: Mortgage Discharge May Take More Than You Might Expect
Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 725 F.3d 494 (5th Cir. 2013) – The 5th Circuit upheld the district court decision with the result that notwithstanding the debtor’s attempt to discharge a mortgage … Continue reading
UCC Financing Statements: Words to the Wise — Do Not Allow an Active UCC to Lapse
Highland Constr. Mgmt. Services, LP v Wells Fargo, N.A. (In re Highland Constr. Mgmt. Services LP), 497 B.R. 829 (Bankr. E.D. Va. 2013) – This opinion opens with a riddle: “When is a financing statement that is no longer effective, still … Continue reading
Posted in Financing
Tagged avoidance action, financing, perfection, strong arm powers
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Construction Claims: Trust Funds Can Go Poof (Round 2)
Lain v. Universal Drywall LLC (In re Erickson Retirement Communities, LLC), 497 B.R. 504 (Bankr. N.D. Tex. 2013) – A chapter 11 liquidating trustee sought to recover a prepetition payment made by the debtor to a subcontractor on the basis that it … Continue reading
Fraudulent Transfers: More Or Less Insolvent
Richardson v. Checker Acquisition Corp. (In re Checker Motors Corp.), 495 B.R. 355 (Bankr. W.D. Mich. 2013) – A chapter 11 liquidating trustee brought several proceedings to recover fraudulent transfers under both the Bankruptcy Code and a state version of the Uniform … Continue reading
Posted in Uncategorized
Tagged avoidance action, fraudulent conveyance, strong arm powers
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Title Company Escrow Check: Now You See It, Now You Don’t
White Family Cos., Inc. v. Slone (In re Dayton Title Agency, Inc.), 724 F.3d 675 (6th Cir. 2013) – The debtor, a title agency, facilitated a series of loans by having both the loans and the loan repayments pass through its … Continue reading
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