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: Financing
Post-Petition Interest: Default Rate Is Not a Slam Dunk
In re Residential Capital, LLC, 508 B.R. 851 (Bankr. S.D.N.Y. 2014) – An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected, arguing that the lender should be limited to the … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, claim determination, financing
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Strong Arm Powers: For Want of An “S” the Mortgage Was Lost
Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) – A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Title Insurance: May Not Solve As Many Problems As You Might Expect
Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) – In the context of the bankruptcy proceeding to determine the validity of a mortgage, the mortgagee filed a third-party … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, claim determination, financing
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Tortious Interference Claims: Something To Keep In Mind
Highland Capital Mgmt. L.P. v. UBS Securities, LLC (In re Lyondell Chemical Co.), 505 B.R. 409 (S.D.N.Y. 2014) – A hedge fund sued an investment bank for tortious interference based on its exclusion from participation in exit financing for a … Continue reading
Foreclosure Sale: In a Race With a Bankruptcy Filing, Who Wins?
RBS, Inc. v. Bell (In re Bell), 507 B.R. 898 (S.D. W.Va. 2014) – The purchaser at a foreclosure sale sought relief from the automatic stay to complete the sale. The bankruptcy court denied the request on the basis that … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, bankruptcy procedures, financing
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Missing Mortgage Details: At the End of the Day These Mortgages Survived
In re Crane, 742 F.3d 702 (7th Cir. 2013) – Chapter 7 trustees sought to avoid mortgages in two separate cases using their strong-arm powers. They argued that failure to include the loan maturity date and interest rate in the … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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