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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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Tag Archives: abandonment
Limited Liability Companies: Do Not Confuse an LLC’s Membership Interests with Its Underlying Assets
In re Gialamas, 606 B.R. 798 (Bankr. W.D. Wisc. 2019) – A judgment creditor sought relief from the automatic stay and abandonment with respect to a strip mall shopping center. The motions referred to “real estate.” However, the strip mall was … Continue reading
Rents: What Happens to Unclaimed Rents Collected from Property That Is Abandoned?
In re Pena, 600 B.R. 415 (9th Cir. BAP 2019) – Well over a year after a bankruptcy case was closed, the debtor filed an application with the bankruptcy court seeking to recover unclaimed rent from deed of trust property that … Continue reading
Chapter 7 Sale: Debtor Out of Luck Unless Property Is Abandoned
In re Mejia, 576 B.R. 464 (Bankr. S.D.N.Y. 2017) – A chapter 7 debtor sought bankruptcy court approval to sell property in a section 363 sale. The trustee filed an untimely objection on the grounds that a chapter 7 debtor must … Continue reading
Posted in Bankruptcy Sales
Tagged abandonment, bankruptcy procedures, sale procedures
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Abandonment: What Does It Take to Show Substantial Value?
Gill v. Kirresh (In re Gill), 574 B.R. 709 (9th Cir. BAP 2017) – A debtor moved to compel a chapter 7 trustee to abandon residential property on the basis that it was of inconsequential value to the bankruptcy estate. The … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged abandonment, avoidance action, bankruptcy procedures
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