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
The Ivanhoe Rule: Double Recovery Is Not Permitted, But … (a/k/a Limitation-on-Dividend Approach Meets Reduction-of-Claim Approach)
In re Del Biaggio, 496 B.R. 600 (Bankr. N.D. Cal. 2012) – The creditors committee objected to proofs of claim filed by a group of unsecured lenders who had received partial payment from a non-debtor co-obligor, arguing that the claims should … Continue reading
Mortgagee Relief: “Cause” Is In the Eye of the Beholder – Round 2
In re GEL, LLC, 495 B.R. 240 (Bankr. E.D. N.Y. 2012) – A mortgagee moved to dismiss two Chapter 11 bankruptcies that were filed by its mortgagors to prevent a scheduled foreclosure sale. It also sought relief relating to the automatic … Continue reading
Options for an Underwater Mortgagee: The Mysteries of an 1111(b) Election
In re River Canyon Real Estate Investments, LLC, 495 B.R. 526 (Bankr. D. Colo. 2013) – A chapter 11 debtor’s plan of reorganization placed two secured creditors in the same class. (No one objected to this classification.) One of the creditors attempted … Continue reading
Mortgagee Relief From the Automatic Stay: “Cause” Is In the Eye of the Beholder – Namely the Court
In re Doug Wilson Ins. Agency, Inc., 495 B.R. 428 (Bankr. E.D. Ark. 2013) – A debtor that owned several properties filed a chapter 11 bankruptcy proceeding on April 1st. A bank that had mortgages on two of the properties moved for relief … Continue reading
California Anti-Deficiency Laws: Is Your Trust Obligor a “True” Guarantor Or Merely a Primary Obligor in Disguise?
In re Brock, 494 B.R. 534 (Bankr. D. Colo. 2013) – Individual chapter 11 debtors objected to a deficiency claim filed by a bank. They argued that California’s anti-deficiency laws prevented the bank from making a claim against the debtors under their … Continue reading
Missing Mortgage Details: This Time a Mortgage Survives the Trustee’s Attack
PNC Bank, Nat’l Ass’n v. Nordwall, 499 B.R. 599 (C.D. Ill. 2013) – A mortgagee moved for entry of a default judgment in its foreclosure action. The mortgagor’s chapter 7 trustee intervened and claimed that the mortgage could be avoided using his … Continue reading
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