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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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Category Archives: Bankruptcy Sales
363 Sales: Watch It – A Good Faith Deposit May Not Be As Reliable For Protection As You Thought
The Brown Publ’g Co. Liquidating Trust v. Brown Media Corp. (In re Brown Publ’g Co.), 486 B.R. 46 (Bankr. E.D.N.Y. 2013) – A stalking horse (BMC) was the winning bidder in a section 363 bankruptcy sale. After the sale to BMC failed … Continue reading
Bankruptcy Sales: Can LLC Interests Be Sold Over a Member’s Objections?
Horizons A Far, LLC v. Richard Webber (In re Soderstrom), 484 B.R. 874 (M.D. Fla. 2013) – The debtors (Soderstroms) owned 50% of Plaza N 15 Partners, LLC. The bankruptcy trustee (Webber) proposed to sell the debtors’ interests in the limited … Continue reading
Sales “Free and Clear”: What is an “Interest”?
In re Mundy Ranch, Inc., 484 B.R. 416 (Bankr. D. N.M. 2012) – In Mundy Ranch, a corporate debtor moved to sell real estate that it owned free and clear of interests under Section 363(f) of the Bankruptcy Code. A … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged sale "free and clear", sale procedures
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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
Bidders Beware: Collusion to Control Sale Price Is Subject to Sanctions
Boyer v. Gildea, 475 B.R. 647 (N.D. Ind. 2012) – In Gildea, the bankruptcy trustee claimed that a group of insiders colluded with the purchaser of the debtor’s assets at a Section 363 auction to control the sale price. Consequently … 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
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