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: Uncategorized
Who Gets to Keep the Money: Sometimes Procedural Arguments Can Matter as Much as Substantive Arguments
Allison v. Centris Fed. Credit Union (In re Tri-State Financial, LLC), 885 F.3d 528 (8th Cir. 2018) – A Chapter 11 trustee brought a proceeding to determine ownership of ~$1.2 million. Initially the bankruptcy court held that the funds were not … Continue reading
PACA Claims: Watch Out or the Tail Will Wag the Dog
In re Cherry Growers, Inc., 576 B.R.. 569 (Bankr. W.D. Mich. 2017) – A chapter 11 debtor that purchased agricultural produce but also earned income from non-Perishable Agricultural Act (PACA) sources sought court authorization to use cash collateral. A PACA claimant … Continue reading
Authority to File Bankruptcy: When Is a Veto Void as Against Public Policy?
Squire Court Partners L.P. v. Credit Enhanced Partners LP Series J (In re Squire Court Partners L.P.), 574 B.R. 701 (E.D. Ark. 2017) – A general partner filed a bankruptcy petition on behalf of a limited partnership without consent of … Continue reading
Sovereign Immunity: Still Plenty of Room for Argument When You Try to Recover From the Government
Zazzali v. United States (In re DBSI, Inc.), 869 F.3d 1004 (9th Cir. 2017) – A chapter 11 trustee sought to recover a debtor’s prepetition tax payments to the federal government on the grounds that they were fraudulent transfers. The government … Continue reading
Statutory Liens: May Not Necessarily Be Unassailable
Los Angeles County Treasurer v. Mainline Equipment, Inc. (In re Mainline Equipment, Inc.), 865 F.3d 1179 (9th Cir. 2017) – A Chapter 11 debtor sought to avoid a county’s prepetition personal property tax liens pursuant to section 545 of the Bankruptcy … Continue reading
Discharge of Securities Law Violations: Nothing Is Ever Straightforward
Lunsford v. Process Technology Services, LLC (In re Lunsford), 848 F.3d 963 (11th Cir. 2017) – An investor obtained a state court judgment against the debtor relating to securities law violations. After the debtor filed bankruptcy, the investor sought a … Continue reading
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