Category Archives: Real Estate

Real Estate

Chapter 13 Plan: How to Really Get Rid of Unwanted Property

Posted on February 17, 2016 by BankruptcyRealEstateInsights

In re Zair, 535 B.R. 15 (Bankr. E.D.N.Y. 2015) – The debtors proposed a chapter 13 plan providing that certain real property was to be surrendered to the mortgagees and title to the property was to vest in the first … Continue reading →

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Environmental Contribution Claims: You Snooze, You Lose

Posted on February 10, 2016 by BankruptcyRealEstateInsights

ASARCO, LLC v. Celanese Chemical Corp., 792 F.3d 1203 (9th Cir. 2015) – ASARCO, as a successor to the owner of a Superfund site, sued CNA as the successor to a lessee that operated a sulfur dioxide plant on the site, … Continue reading →

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Landlord Debtor: The Cost of Rejection

Posted on February 3, 2016 by BankruptcyRealEstateInsights

In re Lake Dearborn, LLC, 534 B. R. 747 (Bankr. N.D. Ill. 2015) – A landlord debtor sought to reject unexpired food court leases, giving rise to tenant claims for rejection damages. The court was asked to determine the amount of … Continue reading →

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Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance

Posted on December 30, 2015 by BankruptcyRealEstateInsights

Baker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 784 F.3d 978 (5th Cir. 2015) – An undersecured mechanic’s lien claimant contended that it was entitled to elect to treat its claim as fully secured under Section 1111(b) of … Continue reading →

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Individual Debtor Exemptions: What Can You Do With a Rent-Stablized Lease?

Posted on December 16, 2015 by BankruptcyRealEstateInsights

Santiago-Monteverde v Pereira (In re Santiago-Monteverde), 780 F.3d 126 (2d Cir. 2015) – A Chapter 7 trustee sought to assume a debtor’s rent-stabilized lease so that he could sell it to the owner of the building.  In response, the debtor amended … Continue reading →

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Non-Recourse Loans: Turning Into Recourse and Back Again

Posted on December 2, 2015 by BankruptcyRealEstateInsights

Mastan v. Salamon (In re Salamon), 528 B.R. 171 (9th Cir. BAP 2015) – The bankruptcy court disallowed the claim of a deed of trust creditor on the grounds that it was barred by the applicable state anti‑deficiency statute.  The creditor … Continue reading →

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