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 Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 1)?
In re Thulis, 474 B.R. 668 (Bankr. W.D. Wis. 2012) – Typically an unrecorded mortgage will be void as against a bona fide purchaser under state law. This in turn will allow an unrecorded mortgage to be avoided in a bankruptcy using … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Of Sales and Leases: Can a Bankrupt Landlord Sell Free and Clear of a Tenant’s Interest?
In re Zota Petroleums, LLC, 42 B.R. 154 (Bankr. E.D. Va. 2012) – Zota addresses the interaction between (1) a sale free and clear of interests under Section 365(f) of the Bankruptcy Code and (2) a tenant’s right to retain possession under … Continue reading
Posted in Real Estate
Tagged lease, priority of interests, sale "free and clear", sale procedures
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Construction Claims: Trust Funds Can Go Poof
McDonald v. Little Limestone, Inc. (In re Powers Lake Construction Co.), 482 B.R. 803 (Bankr. E.D. Wis. 2012) – A typical trust fund statute provides that payments to a construction contractor are treated as funds held in trust until its … Continue reading
Perfecting Manufactured Home Liens: Variations on a Theme
Kinzalow v. Clayton Bank & Trust (In re Value Investment Properties, LLC), 481 B.R. 403 (Bankr. E.D. Tenn. 2012) – Determining the priority of liens in manufactured homes owned by the debtor raised the standard question of how to classify … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, perfection, priority of interests
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Mortgagees Beware: Your Dragnet May Have a Hole In It
Peoples National Bank, N.A. v. Jones, 482 B.R. 257 (S.D. Ill. 2012) – In Jones, the district court reversed the bankruptcy court and held that a standard dragnet clause in a mortgage was not sufficient to secure an advance made by … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, priority of interests
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Bankruptcy Sale Offers: Highest Is Not Always Best
In re Diplomat Construction, Inc., 481 B.R. 215 (Bankr. N.D. Ga. 2012) – Is there an obligation to sell to the highest bidder in a bankruptcy sale? In Diplomat Construction, the court approved a sale to a bidder that offered less … Continue reading
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