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: Real Estate
Broker Listing Agreement: Seller Beware – Be Sure You Get What You Paid For Before You Have To Pay
In re Cimarron Group, Inc., 545 B.R. 646 (Bankr. D. Mont. 2016) – A real estate broker filed a proof of claim in a chapter 7 bankruptcy contending that it was owed a commission based on a pre-bankruptcy listing agreement. … Continue reading
Abandonment: Better Think Twice Because There is No “Do Over”
In re Haber, 547 B.R. 252 (Bankr. S.D. Ohio 2016) – A foreclosure sale that occurred after a chapter 7 trustee abandoned the foreclosed property (and after the bankruptcy case was closed) unexpectedly resulted in surplus proceeds that were to … Continue reading
Leases: How About Those Attorneys’ Fees?
Leases: How About Those Attorneys’ Fees? In re FKA FC, LLC, 545 B.R. 567 (Bankr. W.D. Mich. 2016) – A chapter 11 debtor sought to assume and assign a lease. The debtor contended that the cost to cure defaults under … Continue reading
When Is Involuntary Vesting Incompatible with Surrender? – When a Court Says So
In re Tosi, 546 B.R. 487 (Bankr. D. Mass 2016) – A mortgagee objected to a proposed chapter 13 plan which provided that the debtor’s title to the mortgaged property would automatically vest in the mortgagee if the debtor and … Continue reading
Condominium Assessments: Dischargeable or Not?
In re Montalvo, 546 B.R. 880 (Bankr. M.D. Fl. 2016) – A chapter 13 debtor moved for sanctions against a condominium as one for violations of the automatic stay and discharge injunction based on collection of condominium assessments. The court’s … Continue reading
Consumer Foreclosure: Lawyers May Need to Tread Lightly
Jackson v ING Bank, FSB (In re Jackson), 545 B.R. 62 (Bankr. D. Mass 1916) – A chapter 13 debtor sued a mortgagee’s law firm asserting various claims based on the firm’s attempts to exercise remedies in connection with a … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, discharge of debts, foreclosure
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