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
Foreclosure: Will a Last Minute Sale Survive?
In re Cook, 481 B.R. 265 (Bankr. N.D.N.Y. 2012) – A couple of hours before the Cooks filed a chapter 13 bankruptcy case, their home was sold at a foreclosure sale as the final step in a foreclosure of the first … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, foreclosure, fraudulent conveyance, strong arm powers
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Mortgagees Beware: Stay Relief Does Not Mean You Are Home Free
Trauner v. State Bank & Trust Co. (In re Solid Rock Development Corp.), 481 B.R. 221 (Bankr. N.D. Ga. 2012) – A lender obtained relief from the automatic stay in a bankruptcy so that it could proceed with foreclosure of … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, claim determination, foreclosure
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Prepetition Post-Default Rents: Who Gets the Cash – Round 2?
In re Prospect Studios, L.P., 478 B.R. 367 (Bankr. W.D. Mo. 2012) – In Prospect Studios, the law firm representing a chapter 11 debtor requested court authority to apply a prepetition retainer to payment of its fees. Since the source of … Continue reading
Posted in Financing, Real Estate
Tagged cash collateral, claim determination, priority of interests
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Prepetition Fire Insurance Proceeds: Who Gets the Cash?
Crews v. TD Bank, N.A. (In re Crews), 477 B.R. 835 (Bankr. M.D.Fla. 2012) – A mortgaged building was destroyed by fire prior to the mortgagor’s bankruptcy filing. In an earlier opinion the bankruptcy court held in that the mortgagee had … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, claim determination, strong arm powers
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Protecting Utilities: Would You Believe a Bill Payment is a Settlement Payment Under a Forward Contract?
Lightfoot v. MX Energy Electric, Inc. (In re MBS Management Services, Inc.), 690 F.3d 352 (5th Cir. 2012) – The bankruptcy trustee of a property management company sought to recover money paid to a power company prior to bankruptcy as … Continue reading
Rent as Administrative Expense: Can a “Terminated” Lease Also Be “Unexpired”?
Super Nova 330 LLC v. Gazes, 693 F.3d 138 (2d Cir. 2012) – In Super Nova the landlord obtained issuance of a warrant of eviction, but was not able to execute on the warrant prior to the bankruptcy filing. The … Continue reading
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