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).

Original Issue Discount Claim: Maybe It’s Allowed, And Maybe It’s Not

Posted on October 15, 2013 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC), 495 B.R. 250 (Bankr. S.D. N.Y. 2013) – An unsecured creditors committee brought an action against an indenture trustee and collateral agent (a) seeking to recharacterize a … Continue reading →

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Foreclosure: Is A National Bank Authorized to Foreclose Non-Judicially In Arkansas?

Posted on October 11, 2013 by BankruptcyRealEstateInsights

JPMorgan Chase Bank, N.A. v. Johnson, 719 F.3d 1010 (8th Cir. 2013) – The 8th Circuit considered the issue of whether a national bank is “authorized to do business” in Arkansas, as required by a state statute in order to proceed … Continue reading →

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Financial Institution Payments: When Is A Preference Not A Preference?

Posted on October 8, 2013 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Ins. Co. (In re Quebecor World (USA) Inc.), 719 F.3d 94 (2d Cir. 2013) – Shortly before filing bankruptcy, the debtor made a ~$376 million payment to a … Continue reading →

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Of Auction Sales and Fees: Going, Going, Going … Not Gone

Posted on October 4, 2013 by BankruptcyRealEstateInsights

Garden v. Central Nebraska Housing Corp., 719 F.3d 899 (8th Cir. 2013) – A secured party obtained relief from the automatic stay to allow the trustee under a deed of trust to sell a farm.  The secured party contended that (i) … Continue reading →

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Landlord Claims: Calculating Capped Future Rent Claims Should Be A Simple Matter of Arithmetic – Right?

Posted on October 1, 2013 by BankruptcyRealEstateInsights

In re MDC Systems, Inc., 488 B.R. 74 (Bankr. E.D. Pa. 2013) – A chapter 7 debtor’s landlord filed a proof of claim for ~ $1 million.  An unsecured creditor objected on the basis that (1) the lease was terminated prepetition, so … Continue reading →

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Property Transfers: What Goes On In Probate Court Stays In Probate Court – Wrong

Posted on September 27, 2013 by BankruptcyRealEstateInsights

Baldiga v. Golemo (In re Golemo), 494 B.R. 588 (Bankr. D. Mass. 2013) – A chapter 7 trustee sought to use his strong-arm powers to avoid the transfer of several properties from the debtor to his ex-wife pursuant to an unrecorded prepetition … Continue reading →

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