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).

Fraudulently Conveyed Property: Part of the Bankruptcy Estate and Subject to the Automatic Stay (Or Not)?

Posted on June 7, 2013 by BankruptcyRealEstateInsights

Rajala v. Gardner, 709 F.3d 1031 (10th Cir. 2013) – A bankruptcy trustee claimed that $9 million held in escrow was fraudulently transferred property that could be recovered through an avoidance action in bankruptcy, and consequently constituted property of the bankruptcy … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

What Comes After Stay Relief: The Disappearing Deficiency Claim (Round 2)

Posted on June 4, 2013 by BankruptcyRealEstateInsights

Pierce v. Carson (In re Rader), 488 B.R. 406 (9th Cir. BAP 2013) – A chapter 7 trustee objected to the unsecured deficiency claim of a mortgage lender that remained after the lender obtained relief from the automatic stay and proceeded … Continue reading →

Posted in Financing, Real Estate | Tagged , , , | Leave a comment

What Comes After Stay Relief: The Disappearing Deficiency Claim (Round 1)

Posted on May 31, 2013 by BankruptcyRealEstateInsights

In re Wright, 486 B.R. 491 (Bankr. D. Ariz. 2012) – In Wright, a mortgage lender obtained relief from the automatic stay in a chapter 11 bankruptcy and proceeded with a state non-judicial foreclose sale on two properties.  However, it did … Continue reading →

Posted in Financing, Real Estate | Tagged , , , | Leave a comment

Delinquent Property Tax Foreclosure: Is There “Reasonably Equivalent Value” or Not?

Posted on May 28, 2013 by BankruptcyRealEstateInsights

City of Milwaukee v. Gillespie, 47 B.R. 916 (E.D. Wis. 2013) – Under Wisconsin’s strict tax foreclosure procedure, a tax authority can obtain property in satisfaction of a delinquent property tax bill without any public sale or other competitive bidding.  Gillespie … Continue reading →

Posted in Real Estate | Tagged , , | Leave a comment

Bankruptcy Plan: Burgeoning “New Value” Competitive Bidding Requirement

Posted on May 24, 2013 by BankruptcyRealEstateInsights

In re Castleton Plaza, LP, 707 F.3d 821 (7th Cir. 2013) – A debtor that owned a shopping center proposed a plan of reorganization that gave the spouse of the debtor’s owner 100% of the equity of the reorganized debtor in … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Bankruptcy Purchasers Beware: Do Not Take For Granted That Your Sale Will Be “Free and Clear”

Posted on May 21, 2013 by BankruptcyRealEstateInsights

In re Jaussi, 488 B.R. 456 (Bankr. D. Colo. 2013) – A chapter 7 bankruptcy trustee requested court approval of a sale of vacant land to a bank that held a first lien on the property, with the sale to be … Continue reading →

Posted in Real Estate | Tagged | Leave a comment