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
Debt Recharacterization, Etc.: Standing, Standing and More Standing
Elswick Co., LLC v. Comm2013 CCRE12 Crossings Mall Road LLC (In re Tara Retail Group, LLC), 595 B.R. 215 (Bankr. N.D. W.Va. 2018) – An unsecured tenant creditor brought an adversary proceeding to recharacterize or equitably subordinate a $17 million claim … Continue reading
Joint Tenants: The Case of The Disappearing Interest
Cohen v. Chernushin (In re Chernushin), 911 F.3d 1265 (10th Cir. 2018) – After a debtor’s postpetition death, a chapter 7 trustee brought an adversary proceeding seeking to sell a second home that had been owned by the debtor and his … Continue reading
Landlord Bankruptcy: A Tenant Is Not Out of Options If the Landlord Rejects Its Lease
IDEA Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC Inc.), 909 F.3d 597 (3rd Cir. 2018) – A tenant that elected to retain its rights under a commercial lease after a debtor landlord rejected the lease sought clarification … Continue reading
Discharge of Debt: A Seller Relying on a Buyer’s Assumption of Debt May Be Out of Luck If the Buyer Files Bankruptcy
Recanati v. Roberts (In re Roberts), 594 B.R. 484 (Bankr. N.D. Fla. 2018) – In connection with acquisition of a restaurant the debtor agreed to assume debts of the business. After the debtor filed a chapter 7 bankruptcy, the former owners … Continue reading
Avoiding Mortgages: What Happens When A Stranger to The Transaction Files a Discharge in Error?
Kelley v. Ocwen Loan Servicing, LLC (In re Bowers), 595 B.R. 869 (Bankr. M.D. Ga. 2018) – A chapter 7 trustee sought to avoid a security deed based on the fact that as of the petition date satisfactions of the security … Continue reading
Selling Real Estate Free and Clear: The Trustee Does Not Always Win
Belfance v. Shelton (In re Shelton), 593 B.R. 755 (Bankr. N.D. Ohio 2018) – A chapter 7 trustee sought a determination of rights in connection with seeking authority to sell property free and clear of other interests using its power of … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged avoidance action, sale "free and clear", strong arm powers
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