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
Prepetition Post-Default Rents: Who Gets the Cash – Round 2?
In re Prospect Studios, L.P., 478 B.R. 367 (Bankr. W.D. Mo. 2012) – In Prospect Studios, the law firm representing a chapter 11 debtor requested court authority to apply a prepetition retainer to payment of its fees. Since the source of … Continue reading
Posted in Financing, Real Estate
Tagged cash collateral, claim determination, priority of interests
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Prepetition Fire Insurance Proceeds: Who Gets the Cash?
Crews v. TD Bank, N.A. (In re Crews), 477 B.R. 835 (Bankr. M.D.Fla. 2012) – A mortgaged building was destroyed by fire prior to the mortgagor’s bankruptcy filing. In an earlier opinion the bankruptcy court held in that the mortgagee had … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, claim determination, strong arm powers
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“Loan to Own” Debtor: Public Interest Overrides Bad Faith Filing
In re 1701 Commerce, LLC, 477 B.R. 652 (Bankr. N.D. Tex. 2012) – The capital stack for Presidio Hotel Fort Worth, L.P. consisted of (1) a senior loan of $39.6 million from Dougherty Funding, LLC, (2) a junior loan from … Continue reading
Golf Fees As Cash Collateral: Strike Three You’re Out
Far East Nat’l Bank v. U.S. Trustee, San Diego (In re Premier Golf Properties, LP) 477 B.R. 767 (9th Cir. B.A.P. 2012) – Cash collateral is defined in the Bankruptcy Code as including cash, negotiable instruments, deposit accounts, or other cash … Continue reading
Posted in Financing, Real Estate
Tagged cash collateral, claim determination, financing
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Valuing Collateral: Do Low-Income Housing Tax Credits Count?
In re Creekside Senior Apartments, LP, 477 B.R. 40 (6th Cir. B.A.P. 2012) – In valuing a bank claim secured by a low-income housing project for purposes of a plan of reorganization, should the remaining federal low‑income housing tax credits … Continue reading
Foreclosure Sale: Does a Week-to-Week Adjournment Violate the Automatic Stay?
Henson v. Bank of America, N.A. (In re Henson), 477 B.R. 786 (Bankr. D. Colo. 2012) – In Henson a foreclosure sale was stayed by the debtors’ filing of a chapter 13 bankruptcy. The bank allowed the sale date to be … Continue reading
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