Category Archives: Real Estate

Real Estate

Ad Valorem Property Taxes: Deadline For Challenging In A Bankruptcy

Posted on December 11, 2012 by BankruptcyRealEstateInsights

Pinellas County Property Appraiser v. Read (In re Read), 692 F3d 1185 (11th Cir. 2012) – Under Section 505(a)(1) of the Bankruptcy Code, generally a bankruptcy court may determine the amount or legality of any tax. However, under Section 505(a)(2)(C) … Continue reading →

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“Loan to Own” Debtor: Public Interest Overrides Bad Faith Filing

Posted on December 6, 2012 by BankruptcyRealEstateInsights

In re 1701 Commerce, LLC, 477 B.R. 652 (Bankr. N.D. Tex. 2012) – The capital stack for Presidio Hotel Fort Worth, L.P. consisted of (1) a senior loan of $39.6 million from Dougherty Funding, LLC, (2) a junior loan from … Continue reading →

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Golf Fees As Cash Collateral: Strike Three You’re Out

Posted on December 4, 2012 by BankruptcyRealEstateInsights

Far East Nat’l Bank v. U.S. Trustee, San Diego (In re Premier Golf Properties, LP) 477 B.R. 767 (9th Cir. B.A.P. 2012) – Cash collateral is defined in the Bankruptcy Code as including cash, negotiable instruments, deposit accounts, or other cash … Continue reading →

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Condo Liens: Judicial Lien v. Security Interest v. Statutory Lien – And Who Cares?

Posted on November 29, 2012 by BankruptcyRealEstateInsights

Young v. 1200 Buena Vista Condominiums, 477 B.R. 594 (W.D. Pa. 2012) – Young, a chapter 13 debtor, sought to avoid a condominium association lien for assessments because his chapter 13 plan was feasible only if a large portion of the lien … Continue reading →

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Valuing Collateral: Do Low-Income Housing Tax Credits Count?

Posted on November 27, 2012 by BankruptcyRealEstateInsights

In re Creekside Senior Apartments, LP, 477 B.R. 40 (6th Cir. B.A.P. 2012) – In valuing a bank claim secured by a low-income housing project for purposes of a plan of reorganization, should the remaining federal low‑income housing tax credits … Continue reading →

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Foreclosure Sale: Does a Week-to-Week Adjournment Violate the Automatic Stay?

Posted on November 20, 2012 by BankruptcyRealEstateInsights

Henson v. Bank of America, N.A. (In re Henson), 477 B.R. 786 (Bankr. D. Colo. 2012) – In Henson a foreclosure sale was stayed by the debtors’ filing of a chapter 13 bankruptcy.  The bank allowed the sale date to be … Continue reading →

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