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
Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 2)
In re Kaltenheuser, 474 B.R. 305 (Bankr. D. D.C. 2012) – In Kaltenheuser, a deed in lieu of foreclosure was executed and placed in escrow in connection with a settlement agreement approved by a state court order. If the mortgagor failed … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, financing, strong arm powers
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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 1)
4100 West Grand LLC v. TY Grand LLC (In re 4100 West Grand LLC), 481 B.R. 444 (Bankr. N.D. Ill. 2012) – In West Grand the debtor attempted to have a deed in lieu of foreclosure set aside as a fraudulent … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, fraudulent conveyance, strong arm powers
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Automatic Stay: Rolling the Dice With a Tax Deed
In re Rugroden, 481 B.R. 69 (Bankr. N.D. Cal. 2012) – Can the IRS issue a tax deed for real property after a bankruptcy has been filed where the tax sale took place prior to bankruptcy, or is that a violation … Continue reading
Tax Claims: Good Investment (Maybe)?
In re Kopec, 473 B.R. 597 (Bankr. D. N.J. 2012) – Does the purchaser of a tax sale certificate hold a “tax claim” for purposes of Section 511 of the Bankruptcy Code? In Kopec the answer to that question meant the difference … Continue reading
Assignment of Rents: Can You Spend Rents and Still Provide Adequate Protection to the Mortgagee?
In re Putnal, 483 B.R. 799 (Bankr. M.D. Ga. 2012) – In Putnal the debtor proposed to use rents over the objection of an undersecured mortgagee. As a result, the court was faced the question of determining what, if anything, was … Continue reading
Assignment of Rents: Absolute May Not Be So Absolute
In re MRI Beltline Industrial, L.P., 476 B.R. 917 (Bankr. N.D. Tex. 2012) – In MRI Beltline the debtor moved for authority to use rents received from tenants of commercial buildings that it owned, and for a “carve out” to permit … Continue reading
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