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
Mortgage Execution: Even a “Teensy-Weensy Boo-Boo” Can Come Back To Bite You
Wells Fargo Bank, N.A. v. Gordon (In re Codrington), 716 F.3d 1344 (11th Cir. 2013) – A Chapter 7 trustee sought to use his strong arm powers as a hypothetical bona fide purchaser to avoid a security deed. He argued that … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Plan Options and the Absolute Priority Rule: What Is the Difference Between an Individual and an Entity Debtor (If Any)?
In re Lively, 717 F.3d 406 (5th Cir 2013) – An individual debtor that ended up in chapter 11 bankruptcy after his debts exceeded the chapter 13 limits proposed a plan of reorganization that allowed him to keep all of his … Continue reading
Misrepresentations to a Mortgagee: Does Assignment of a Loan Constitute a Get Out Of Jail Free Card for Fraud?
Pazdzierz v. First Am. Title Ins. Co., 718 F.3d 582 (6th Cir. 2013) – First American Title Insurance Company (First American) contended that an individual debtor should not receive a discharge for several mortgage loans based on false statements he made … Continue reading
Standing to Appeal Sale: “Person Aggrieved” Is In the Eye of the Beholder
Gentile v. DeGiacomo (In re Gentile), 492 B.R. 580 (1st Cir. BAP 2013) – A chapter 7 trustee sought c0urt approval to sell several investment properties. The debtors objected, arguing that the sales should be suspended until a pending state court appeal … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged sale "free and clear", sale procedures
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Property Tax Interest Rate: Does “Nonbankruptcy Law” Include Law Specifically Limited to Bankruptcy?
In re Fowler, 493 B.R. 148 (Bankr. E.D. Cal. 2012) – A chapter 13 debtor had two secured creditors: a bank that held a deed of trust on the debtor’s residence, and a county that had a lien on the residence … Continue reading
Fraudulent Transfer: “Reasonably Equivalent Value” Meets the Internal Revenue Code
Crumpton v. Stephens (In re Northlake Foods, Inc.), 715 F.3d 1251 (11th Cir. 2013) – The trustee of a distribution trust (created under a debtor’s confirmed chapter 11 plan of reorganization) sought to recover a dividend paid to a shareholder as a … Continue reading
Posted in Uncategorized
Tagged avoidance action, fraudulent conveyance, strong arm powers
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