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
UCC Sales: Do Not Take the Sale Process for Granted
Morgantown Excavators, Inc. v. The Huntington National Bank (In re Godfrey), 537 B.R. 271 (Bankr. N.D. W. Va. 2015) – Two chapter 7 debtors sued a lender claiming violations of the Uniform Commercial Code (UCC) in connection with the lender’s … Continue reading
Limited Liability Company: How Far Can a Member’s Trustee Reach?
Simon v. Miller (In re Miller Parking Co., LLC), 536 B.R. 197 (E.D. Mich. 2015) – Both a limited liability company and its sole member filed chapter 7 bankruptcy cases. The chapter 7 trustee for the sole member filed a … Continue reading
Partner Liability: Choice of Law Could Make More of a Difference Than You Might Expect
Residential Liquidating Trust v. Mortgage Investors Group, Inc. (In re Residential Capital, LLC), 527 B.R. 590 (Bankr. S.D.N.Y. 2015) – A liquidating trust sued the general partners of a partnership for claims of contractual breach by the partnership. The partners argued … Continue reading
Officer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse
Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), 777 F.3d 620 (3rd Cir. 2015) – The debtor was a nonprofit corporation that operated a nursing home. The chapter 11 unsecured creditors committee brought proceedings against former … Continue reading
Bailment: Retaining Funds Received From a Bankrupt Bailee Is Not a Slam Dunk
In re Mississippi Valley Livestock, Inc., 745 F.3d 299 (7th Cir. 2014) – A debtor sold cattle for the account of a cattle producer and then remitted the proceeds to the producer. A chapter 7 trustee sought to recover the payments as … Continue reading
Limited Liability Companies: Handle Bankrupt LLC Members With Care
Walro v. The Lee Group Holding Co., LLC (In re Lee), 524 B.R. 798 (Bankr. S.D. Ind. 2014) – A chapter 7 trustee sought a court determination that (1) a debtor’s voting rights in a limited liability company (LLC) were property of … Continue reading
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