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
Property Interests / Subordination: Plan Ahead, Or You May Be Stuck Behind
Scotiabank De Puerto Rico v. Brito (In re Plaza Resort at Palmas), 469 B.R. 398 (B.A.P. 1st Cir. 2012) – In Plaza Resort at Palmas the timeshare owners asserted claims as secured creditors with liens on the resort that were senior … Continue reading
Challenging a Bankruptcy Sale: You Snooze, You Lose
Reynolds v. Rushton, 473 B.R. 436 (D. Utah 2012) – Reynolds involves a challenge to a Chapter 7 trustee’s Section 363 sale of an underground coal mine together with an adjoining scale house located on leased land. The scale house contained … Continue reading
Can Default Interest And Late Fees Be Excluded From Secured Claims? … Maybe, Maybe Not
In re 785 Partners LLC, 470 B.R. 126 (S.D.N.Y. Bankr. 2012) – Although the general rule is that creditors are not entitled to post-petition interest and fees, that is not necessarily the case for an over-secured lender. In 785 Partners, the … Continue reading
Lease Assumption: What if the Store Has Gone “Dark”?
Androse Assoc. of Allaire, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.), 472 B.R. 666 (S.D.N.Y. 2012) – In A&P, the landlord objected to a debtor’s motion to assume the lease for … Continue reading
Mortgage Loan Sales / Guarantees: Freedom of Contract And Double Counting
In re Kaid, 472 B.R. 1 (Bankr. E.D. Mich. 2012) – Can a mortgagee retain the right to collect on a guarantee after a sale of the guaranteed note and mortgage? In Kaid, the answer was yes; but to avoid … Continue reading
Usurious Loan Claim: What Is An Equitable Result?
In Re Loucheschi LLC, 471 B.R. 777 (Bankr. D. Mass 2012) – When a lender makes a loan that does not comply with usury laws it runs a risk that not only will interest and charges be disallowed, but also the … Continue reading
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