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
Lease Assumption: What if the Store Has Gone “Dark”?
Androse Assoc. of Allaire, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.), 472 B.R. 666 (S.D.N.Y. 2012) – In A&P, the landlord objected to a debtor’s motion to assume the lease for … Continue reading
Mortgage Loan Sales / Guarantees: Freedom of Contract And Double Counting
In re Kaid, 472 B.R. 1 (Bankr. E.D. Mich. 2012) – Can a mortgagee retain the right to collect on a guarantee after a sale of the guaranteed note and mortgage? In Kaid, the answer was yes; but to avoid … Continue reading
Usurious Loan Claim: What Is An Equitable Result?
In Re Loucheschi LLC, 471 B.R. 777 (Bankr. D. Mass 2012) – When a lender makes a loan that does not comply with usury laws it runs a risk that not only will interest and charges be disallowed, but also the … Continue reading
“Strong Arm” Powers Round 2: This Time The Mortgage Survives
Hiraldo v. Banco Popular Depuerto Rico (In re Hiraldo), 471 B.R. 676 (D. P.R. 2012) – Hiraldo illustrates the key role that state law can play in determining the outcome of a bankruptcy case. Despite the fact that a mortgage presented … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, financing, preference, strong arm powers
Leave a comment
Chapter 11 Secured Loans: “Lien Stripping” Lives
In re Heritage Highgate, Inc., 679 F.3d 132 (3rd Cir. 2012) – In Heritage Highgate, the secured claims of a group of investors were valued at zero for purposes of treatment in a plan of reorganization, with the result that their … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, plan of reorganization, valuation
Leave a comment
Accepting Payment Before A Construction Lien Is Filed: Catch-22?
Johnson Memorial Hospital, Inc. v. New England Radiator Works (In re Johnson Memorial Hospital, Inc.), 470 B.R. 119 (Bankr. D. Conn. 2012) – Creditors of a distressed company often look for strategies to reduce bankruptcy preference exposure, and construction contractors are … Continue reading
Bankruptcy-RealEstate-Insights 