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
Control Of An LLC: Who Comes Out On Top – A Bankrupt Member Or The Member’s Chapter 7 Trustee?
In re B&M Land and Livestock, LLC, 498 B.R. 262 (Bankr. D. Nev. 2013) – A chapter 7 debtor that was the sole member and manager of a limited liability company filed a chapter 11 bankruptcy on behalf of the LLC. The United … Continue reading
Authority to File Bankruptcy: What Will a Court Consider?
In re Quad-C Funding LLC, 496 B.R. 135 (Bankr. S.D.N.Y. 2013) – After a multi-member limited liability company filed a chapter 11 bankruptcy petition, one member (Crossroads) moved to dismiss the case on the basis that the filing was not properly authorized … Continue reading
LLC Member: Is a Pre-Bankruptcy Expulsion Vulnerable to Attack?
Garcia v. Garcia (In re Garcia), 494 B.R. 799 (Bankr. E.D. N.Y. 2013) – Prior to bankruptcy, a chapter 11 debtor who had been a member of two limited liability companies was expelled by the other members on the basis that he … Continue reading
Posted in Uncategorized
Tagged avoidance action, fraudulent conveyance, preference, strong arm powers
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Fraudulent Transfers: More Or Less Insolvent
Richardson v. Checker Acquisition Corp. (In re Checker Motors Corp.), 495 B.R. 355 (Bankr. W.D. Mich. 2013) – A chapter 11 liquidating trustee brought several proceedings to recover fraudulent transfers under both the Bankruptcy Code and a state version of the Uniform … Continue reading
Posted in Uncategorized
Tagged avoidance action, fraudulent conveyance, strong arm powers
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Bankruptcy Sales: “Free and Clear” Of An “Interest” May Even Extend To Blocking A Successor Unemployment Insurance Experience Rating
In re USA United Fleet Inc., 496 B.R. 79 (Bankr. E.D.N.Y. 2013) – A state used the debtors’ prepetition unemployment insurance experience rating to determine the unemployment insurance tax liability of a buyer of the debtors’ assets. The buyer objected that … Continue reading
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Plan Options and the Absolute Priority Rule: What Is the Difference Between an Individual and an Entity Debtor (If Any)?
In re Lively, 717 F.3d 406 (5th Cir 2013) – An individual debtor that ended up in chapter 11 bankruptcy after his debts exceeded the chapter 13 limits proposed a plan of reorganization that allowed him to keep all of his … Continue reading
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