Category Archives: Real Estate

Real Estate

Leases: The Debtor Tenant’s Right To “Assume” and To “Assign” Does Not Mean To “Assume and Assign”

Posted on October 25, 2013 by BankruptcyRealEstateInsights

In re Eastman Kodak Co., 495 B.R. 618 (Bankr. S.D.N.Y. 2013) – The debtor assumed a ground lease prior to the deadline for assumption or rejection of non-residential real property leases.  It later sought to assign the lease in connection with … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Foreclosure: Is A National Bank Authorized to Foreclose Non-Judicially In Arkansas?

Posted on October 11, 2013 by BankruptcyRealEstateInsights

JPMorgan Chase Bank, N.A. v. Johnson, 719 F.3d 1010 (8th Cir. 2013) – The 8th Circuit considered the issue of whether a national bank is “authorized to do business” in Arkansas, as required by a state statute in order to proceed … Continue reading →

Posted in Financing, Real Estate | Tagged , | Leave a comment

Of Auction Sales and Fees: Going, Going, Going … Not Gone

Posted on October 4, 2013 by BankruptcyRealEstateInsights

Garden v. Central Nebraska Housing Corp., 719 F.3d 899 (8th Cir. 2013) – A secured party obtained relief from the automatic stay to allow the trustee under a deed of trust to sell a farm.  The secured party contended that (i) … Continue reading →

Posted in Financing, Real Estate | Tagged , , , | Leave a comment

Landlord Claims: Calculating Capped Future Rent Claims Should Be A Simple Matter of Arithmetic – Right?

Posted on October 1, 2013 by BankruptcyRealEstateInsights

In re MDC Systems, Inc., 488 B.R. 74 (Bankr. E.D. Pa. 2013) – A chapter 7 debtor’s landlord filed a proof of claim for ~ $1 million.  An unsecured creditor objected on the basis that (1) the lease was terminated prepetition, so … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Property Transfers: What Goes On In Probate Court Stays In Probate Court – Wrong

Posted on September 27, 2013 by BankruptcyRealEstateInsights

Baldiga v. Golemo (In re Golemo), 494 B.R. 588 (Bankr. D. Mass. 2013) – A chapter 7 trustee sought to use his strong-arm powers to avoid the transfer of several properties from the debtor to his ex-wife pursuant to an unrecorded prepetition … Continue reading →

Posted in Bankruptcy Sales, Real Estate | Tagged , , | Leave a comment

Repossession: Just Because You Have A Legal Right To Recover Assets Doesn’t Mean It Is Going To Be Easy

Posted on September 24, 2013 by BankruptcyRealEstateInsights

Alexander v. Hedback, 718 F.3d 762 (8th Cir. 2013) – After extended litigation regarding the rights of two Chapter 7 debtors, the bankruptcy court ordered that two bankruptcy trustees were entitled to possession of the debtors’ home and authorized the U.S. … Continue reading →

Posted in Real Estate | Leave a comment