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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Category Archives: Bankruptcy Sales
Pre-confirmation Bankruptcy Sale: When Can You Hurry up and Sell?
In re MCSGlobal Inc., 562 B.R. 648 (Bankr. E.D. Va. 2017) – A chapter 11 trustee sought court approval of a sale of substantially all of the debtor’s assets prior to confirmation of a plan of reorganization. The purchase agreement … Continue reading
Bankruptcy Sales: Buyers Are Not the Only Ones Who Should Beware
In Re Vista Marketing Group LTD., 557 B.R. 630 (Bankr. N.D. Ill. 2016) – The purchaser of property from a chapter 11 debtor was surcharged by a sanitary district for a connection fee that arose because the initial connection fee … Continue reading
Purchase Agreements: Say What You Mean … The More Precise the Better?
JJCC Real Estate LLC v. Brooklyn Renaissance, LLC (In re Brooklyn Renaissance, LLC), 556 B.R. 68 (Bankr. N.D. N.Y. 2016) – After a proposed sale of the debtor’s real estate failed to close, the debtor declared a default and retained … Continue reading
Buyer Standing: No Leg to Stand On
Buyer Standing: No Leg to Stand On Arlington Capital, LLC v. Bainton McCarthy LLC (In re GT Automation Group, Inc.), 828 F.3d 602 (7th Cir. 2016) – After a debtor’s assets were auctioned off, the bankruptcy trustee unsuccessfully sued the … Continue reading
Bankruptcy Sales: Consider All of the Facts
In re Moreno, 554 B.R. 504 (Bankr. D. N.M. 2016) – A chapter 7 trustee sought authority to sell real property in which the debtor had an interest as a tenant in common. Although the sale was to a relative … Continue reading
Bankruptcy Sales: “Free and Clear” Is Not Necessarily a Free Pass
Encanto Restaurants, Inc. v. Luis S Aquino Vidal (In Re Cousins Int’l. Food Corp.), 553 B.R. 197 (Bankr. D. Puerto Rico 2016)) – A Chapter 11 debtor sold two restaurants under a bankruptcy sale order that provided that the sale … Continue reading
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