Category Archives: Bankruptcy Sales

Bankruptcy Sales

Bankruptcy Sale: A Potpourri of Issues

Posted on January 28, 2014 by BankruptcyRealEstateInsights

In re Scimeca Found., Inc., 497 B.R. 783 (Bankr. E.D. Pa. 2013) – A chapter 7 trustee sought court approval for a sale of the debtor’s property and resolution of related issues over the objections of the debtor.  In granting the … Continue reading →

Posted in Bankruptcy Sales | Tagged , , | Leave a comment

Bankruptcy Sales: Buyer Beware, As-Is Means As-Is, and So On

Posted on October 18, 2013 by BankruptcyRealEstateInsights

Baldiga v. C.A. Acquisition Corp. (In re Cyphermint, Inc.), 496 B.R. 49 (Bankr. D. Mass. 2013) – A chapter 7 bankruptcy trustee brought an adversary proceeding against a buyer and its designated purchaser for breach of contract and civil contempt.  The defendants … Continue reading →

Posted in Bankruptcy Sales | Tagged , | Leave a comment

Property Transfers: What Goes On In Probate Court Stays In Probate Court – Wrong

Posted on September 27, 2013 by BankruptcyRealEstateInsights

Baldiga v. Golemo (In re Golemo), 494 B.R. 588 (Bankr. D. Mass. 2013) – A chapter 7 trustee sought to use his strong-arm powers to avoid the transfer of several properties from the debtor to his ex-wife pursuant to an unrecorded prepetition … Continue reading →

Posted in Bankruptcy Sales, Real Estate | Tagged , , | Leave a comment

Fractional Remainder Interest: Sale Will Thwart Grantor’s Estate Planning Objectives – Who Cares?

Posted on September 17, 2013 by BankruptcyRealEstateInsights

In re Corse, 486 B.R. 241 (Bankr. D.R.I. 2013) – The chapter 7 trustee in an individual debtor case asked for court approval to sell the debtor’s one-quarter remainder interest in a residential property.  The debtor’s mother, who had transferred the … Continue reading →

Posted in Bankruptcy Sales, Real Estate | Tagged | Leave a comment

Standing to Appeal Sale: “Person Aggrieved” Is In the Eye of the Beholder

Posted on August 23, 2013 by BankruptcyRealEstateInsights

Gentile v. DeGiacomo (In re Gentile), 492 B.R. 580 (1st Cir. BAP 2013) – A chapter 7 trustee sought c0urt approval to sell several investment properties.  The debtors objected, arguing that the sales should be suspended until a pending state court appeal … Continue reading →

Posted in Bankruptcy Sales, Real Estate | Tagged , | Leave a comment

Credit Bid: “This Is Not Rocket Science”

Posted on June 28, 2013 by BankruptcyRealEstateInsights

Fire Eagle L.L.C. v. Bischoff (In re Spillman Dev. Group Ltd.), 710 F.3d 299 (5th Cir. 2013) – A bank made loans to the debtor to finance construction of a golf course.  The loans were secured by senior liens on the … Continue reading →

Posted in Bankruptcy Sales, Financing, Real Estate | Tagged | Leave a comment