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
Subscribe by E-Mail
Past Posts
- April 2020 (2)
- March 2020 (4)
- February 2020 (4)
- January 2020 (4)
- December 2019 (4)
- November 2019 (4)
- October 2019 (5)
- September 2019 (4)
- August 2019 (4)
- July 2019 (5)
- June 2019 (4)
- May 2019 (5)
- April 2019 (4)
- March 2019 (4)
- February 2019 (4)
- January 2019 (5)
- December 2018 (4)
- November 2018 (4)
- October 2018 (5)
- September 2018 (4)
- August 2018 (5)
- July 2018 (4)
- June 2018 (4)
- May 2018 (5)
- April 2018 (4)
- March 2018 (4)
- February 2018 (4)
- January 2018 (5)
- December 2017 (4)
- November 2017 (5)
- October 2017 (4)
- September 2017 (4)
- August 2017 (5)
- July 2017 (4)
- June 2017 (4)
- May 2017 (5)
- April 2017 (4)
- March 2017 (5)
- February 2017 (4)
- January 2017 (4)
- December 2016 (4)
- November 2016 (5)
- October 2016 (4)
- September 2016 (4)
- August 2016 (5)
- July 2016 (4)
- June 2016 (5)
- May 2016 (4)
- April 2016 (4)
- March 2016 (5)
- February 2016 (4)
- January 2016 (4)
- December 2015 (5)
- November 2015 (4)
- October 2015 (3)
- September 2015 (5)
- August 2015 (4)
- July 2015 (5)
- June 2015 (4)
- May 2015 (4)
- April 2015 (5)
- March 2015 (5)
- February 2015 (7)
- January 2015 (8)
- December 2014 (8)
- November 2014 (7)
- October 2014 (9)
- September 2014 (9)
- August 2014 (9)
- July 2014 (7)
- June 2014 (8)
- May 2014 (9)
- April 2014 (9)
- March 2014 (8)
- February 2014 (8)
- January 2014 (9)
- December 2013 (9)
- November 2013 (8)
- October 2013 (9)
- September 2013 (8)
- August 2013 (9)
- July 2013 (8)
- June 2013 (8)
- May 2013 (9)
- April 2013 (9)
- March 2013 (9)
- February 2013 (7)
- January 2013 (9)
- December 2012 (7)
- November 2012 (7)
- October 2012 (9)
- September 2012 (8)
- August 2012 (10)
Category Archives: Real Estate
Failure to Negotiate Mortgage Note: “Strong Arm” Powers With A Twist
Rogan v. Vanderbilt Mortgage & Finance, Inc. (In re Dorsey), 491 B.R. 464 (Bankr. E.D. Ky. 2013 – A chapter 7 trustee sought to use his “strong arm” powers as a hypothetical judgment lien creditor, arguing that a mortgage could be avoided … Continue reading
Assignment of Rents: Absolute May Not Be So Absolute – Round 2
In re Augusta Center, LLC, 491 B.R. 298 (Bankr. S.D. Ga. 2013) – The debtor owned and operated a hotel property. After it filed bankruptcy, it asked the court for authorization to use cash collateral (e.g. rents and revenues of the … Continue reading
Strong Arm Powers: What Happens When a Mortgage Is Avoided – Does It Go Poof?
DeGiacomo v. Traverse (In re Traverse), 45 B.R. 815 (1st Cir. B.A.P. 2013) – A chapter 7 trustee sought to avoid an unrecorded first mortgage on the debtor’s property and to preserve the mortgage lien for the benefit of the bankruptcy estate. … Continue reading
Pre-Bankruptcy Stay Waiver: Who Cares, It’s Not Enforceable Anyway – Right?
In Re 4848, LLC, 490 B.R. 343 (Bankr. E.D. Wis. 2013) – The debtor had entered into a forbearance agreement with its mortgage lender that included a stipulation that the lender would be entitled to relief from the automatic stay if … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, cramdown, financing, foreclosure, plan of reorganization
Leave a comment
Annulling the Automatic Stay: When Is Retroactive Relief Available?
In re Benchmark Capital, Inc., 490 B.R. 566 (Bankr. E.D. Tenn. 2013) – Unbeknownst to a foreclosing creditor, the personal representative of the deceased sole shareholder of a corporation that had been administratively dissolved more than a decade ago filed a … Continue reading
Credit Bid: “This Is Not Rocket Science”
Fire Eagle L.L.C. v. Bischoff (In re Spillman Dev. Group Ltd.), 710 F.3d 299 (5th Cir. 2013) – A bank made loans to the debtor to finance construction of a golf course. The loans were secured by senior liens on the … Continue reading
Bankruptcy-RealEstate-Insights 