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
Defalcation and Dischargeability: The Supreme Court Speaks
Bullock v. BankChampaign, N.A., 569 U.S. ___ (2013) – Although an individual debtor can generally obtain a discharge of debts in bankruptcy as part of a “fresh start,” there are certain exceptions. In particular, Section 523(a)(4) of the Bankruptcy Code provides that … Continue reading
Discharge Injunction Violation: Can a Lender Refuse to Foreclose, Release Its Lien, or Accept Surrender of a Property?
Canning v. Beneficial Maine, Inc. (In re Canning), 706 F.3d 64 (1st Cir. 2013) – After filing a chapter 7 bankruptcy, the debtors tried to surrender their residence to the mortgage lender. After the bankruptcy the lender refused to accept a surrender, … Continue reading
Proof of Claim: Itemization of Fees, Expenses, and Charges Means Itemization (or Else)
In re Jimenez, 487 B.R. 543 (Bankr. D. Colo. 2013) – A mortgage lender filed a proof of claim in a chapter 13 bankruptcy claiming total secured debt of $132,945.08, including $14,327.60 in prepetition expenses that were identified as $2,231.93 in late … Continue reading
363 Sales: Watch It – A Good Faith Deposit May Not Be As Reliable For Protection As You Thought
The Brown Publ’g Co. Liquidating Trust v. Brown Media Corp. (In re Brown Publ’g Co.), 486 B.R. 46 (Bankr. E.D.N.Y. 2013) – A stalking horse (BMC) was the winning bidder in a section 363 bankruptcy sale. After the sale to BMC failed … Continue reading
Environmental Claims: The Best Laid Schemes of Mice and Men …
Route 21 Associates of Belleville, Inc. v. MHC, Inc., 46 B.R. 75 (S.D.N.Y. 2012 – A company (Route 21) bought property from the debtor (MHC) in the mid-1980s that turned out to be contaminated. After the debtor filed bankruptcy in 2009, … Continue reading
Escrow Funds: If You Aren’t Careful, Your Funds May Become Part of a Bankruptcy Estate
Quinlan v. AFI Services, LLC (In re AFI Services, LLC), 486 B.R. 827 (Bankr. S.D. Tex. 2013) – The debtor (AFIS) entered into a joint venture agreement with a third party (Quinlan) to acquire an apartment complex pursuant to a purchase … Continue reading
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