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
Real Estate Cases: You May Want to Think Twice Before You File
Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014) – A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney. It … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, foreclosure, fraudulent conveyance
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Real Estate Cases: Bad Faith Filing Does Not Necessarily Mean That You Are A Bad Person
In re Sterling Bluff Investors, LLC, 515 B.R. 902 (Bankr. S.D. Ga. 2014) – A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay. It contended that the debtor filed … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, financing, foreclosure
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Post-Confirmation: Ignoring Court Orders Is Not A Good Idea
In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) – The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans. When the servicer for some of the loans continued to ignore the terms of … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, financing, plan of reorganization
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Prepetition Stay Waivers: Which Way Is The Wind Blowing?
In re Triple A & R Inv., Inc., 519 B.R. 581 (Bankr. D. P.R. 2014) – A mortgagee moved for relief from the automatic stay based on the debtor’s prepetition consent to stay relief. The debtor argued that a prepetition waiver … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, bankruptcy procedures, financing
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Delinquent Property Tax Collection: Dancing Around the Automatic Stay
In re Killmer, 513 B.R. 41 (Bankr. S.D.N.Y. 2014) – After reopening a bankruptcy case, a mortgagee moved for a determination that a post-petition delinquent property tax sale was void because it was held in violation of the automatic stay. In … Continue reading
Construction Contracts: Nothing Beats a Meeting of the Minds
Waldschmidt v. Singletary Construction LLC (In re Tackett), 516 B.R. 498 (Bankr. M.D. Tenn. 2014) – A bankruptcy trustee sought turnover of profits from the sale of homes constructed by a contractor. The trustee contended that there were contracts between the … Continue reading
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