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
Fraudulent Transfer: “Reasonably Equivalent Value” Meets the Internal Revenue Code
Crumpton v. Stephens (In re Northlake Foods, Inc.), 715 F.3d 1251 (11th Cir. 2013) – The trustee of a distribution trust (created under a debtor’s confirmed chapter 11 plan of reorganization) sought to recover a dividend paid to a shareholder as a … Continue reading
Posted in Uncategorized
Tagged avoidance action, fraudulent conveyance, strong arm powers
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Friendly Creditor: On What Basis Can a Plan Vote Be Disregarded?
In re Marble Cliff Crossing Apartments, LLC, 485 B.R. 849 (Bankr. S.D. Ohio 2013) – A secured creditor (MTGLQ) challenged the votes of another creditor that purchased claims on the grounds that either (1) the creditor should be treated as an … Continue reading
Fraudulently Conveyed Property: Part of the Bankruptcy Estate and Subject to the Automatic Stay (Or Not)?
Rajala v. Gardner, 709 F.3d 1031 (10th Cir. 2013) – A bankruptcy trustee claimed that $9 million held in escrow was fraudulently transferred property that could be recovered through an avoidance action in bankruptcy, and consequently constituted property of the bankruptcy … Continue reading
Posted in Uncategorized
Tagged automatic stay, avoidance action, fraudulent conveyance, strong arm powers
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Defalcation and Dischargeability: The Supreme Court Speaks
Bullock v. BankChampaign, N.A., 569 U.S. ___ (2013) – Although an individual debtor can generally obtain a discharge of debts in bankruptcy as part of a “fresh start,” there are certain exceptions. In particular, Section 523(a)(4) of the Bankruptcy Code provides that … Continue reading
Non-Dischargeable Debts: Some Lies Matter More Than Others
Bandi v. Becnel (In re Bandi), 683 F.3d 671 (5th Cir. 2012) – In Bandi, the debtors made false statements regarding their ownership of particular real estate. The Fifth Circuit upheld a finding that debts incurred in reliance on those … Continue reading
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