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
Fraudulent Transfer: “Reasonably Equivalent Value” Meets Debt Recharacterization
Official Comm. of Unsecured Creditors v. Hancock Park Capital II, L.P. (In re Fitness Holdings International, Inc.), 714 F.3d 1141 (9th Cir. 2013) – A chapter 11 unsecured creditors’ committee sought to recover payments made to the debtor’s shareholder as a fraudulent … Continue reading
Posted in Financing
Tagged avoidance action, claim determination, fraudulent conveyance
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Cross-Collateralization: Your Dragnet Clause May Have at Least a Little Hole In It
Peoples National Bank, N.A. v. Banterra Bank, 719 F.3d 608 (7th Cir. 2013) – In this case, the district court had reversed the bankruptcy court – holding that a standard dragnet clause in a mortgage was not sufficient to secure a … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, priority of interests
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Cross-Collateralization: Beware the Intricacies of Local Real Estate Law
Hari Aum, LLC v. First Guar. Bank (In re Hari Aum), 714 F.3d 274 (5th Cir. 2013) – A debtor and its lender sought a determination of whether a mortgage on the debtor’s motel secured only a loan to the debtor, … Continue reading
Foreclosure Sale As a Preference: “Strong Arm” Powers Strike Again
Nguyen v. Wells Fargo Home Mortgage (In re Nguyen), 490 B.R. 230 (Bankr. S.D. Tex. 2013) – An individual debtor in a chapter 7 bankruptcy brought an adversary proceeding seeking to recover from a mortgagee for negligent misrepresentation and to set aside … Continue reading
Failure to Negotiate Mortgage Note: “Strong Arm” Powers With A Twist
Rogan v. Vanderbilt Mortgage & Finance, Inc. (In re Dorsey), 491 B.R. 464 (Bankr. E.D. Ky. 2013 – A chapter 7 trustee sought to use his “strong arm” powers as a hypothetical judgment lien creditor, arguing that a mortgage could be avoided … Continue reading
Assignment of Rents: Absolute May Not Be So Absolute – Round 2
In re Augusta Center, LLC, 491 B.R. 298 (Bankr. S.D. Ga. 2013) – The debtor owned and operated a hotel property. After it filed bankruptcy, it asked the court for authorization to use cash collateral (e.g. rents and revenues of the … Continue reading
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