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
Credit Bid (Round 2): What Does It Take to Show “Cause”?
In re Charles Street African Methodist Episcopal Church of Boston, 510 B.R. 453 (Bankr. D. Mass. 2014) – In connection with a proposed sale of real property, a chapter 11 debtor sought to prohibit the mortgagee from submitting a credit bid. It … Continue reading
Credit Bid: Loan-to-Own Strikes Out
In re The Free Lance-Star Publ’g Co. of Fredericksburg, VA, 512 B.R. 798 (Bankr. E.D. Va. 2014) – After the debtors obtained court approval of bidding procedures to auction substantially all of their assets, a secured creditor sought a court … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged bankruptcy procedures, sale procedures
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Bankruptcy Sales and Leases: “Free And Clear” May Not Be So “Free And Clear”
Dishi & Sons v. Bay Condos LLC, 510 B.R. 696 (S.D.N.Y. 2014) – In approving the sale of a Chapter 11 debtor’s assets, a bankruptcy court found that a tenant of the debtor was entitled to continue in possession of … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged bankruptcy procedures, lease, sale "free and clear"
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Sale “Free and Clear”: Adequate Protection of Nothing is Nothing
In re Elk Grove Village Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014) – After substantially all of the debtors’ assets were sold in a bankruptcy sale, a secured lender and a state tax authority made competing claims for turnover … Continue reading
Sale Free and Clear: Permitted “Matters of Record” May Be Broader Than You Expect
In re Joan Fabrics Corp., 508 B.R. 881 (Bankr. D. Del. 2014) – The buyer of assets in a bankruptcy sale sought to enforce its asset purchase agreement against a county that was seeking to collect personal property taxes arising … Continue reading
Bankruptcy Sale: No Stay Pending Appeal, Then No Appeal?
Rushton v. ANR Company, Inc. (In re C.W. Mining Co.), 740 F.3d 548 (10th Cir. 2014) – After a chapter 7 trustee sold assets of the debtor in a bankruptcy sale, he sought to dismiss various pending appeals involving issues relating … Continue reading
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