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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: avoidance action
Credit Bids: Buyer Beware
Emerald Capital Advisors v. Victory Park Capital Advisors, LLC (In re KII Liquidating, Inc.) 607 B.R. 398 (D. Del. 2019) – A chapter 11 unsecured creditors’ committee sought to recharacterize or equitably subordinate and to avoid claims for advances made … Continue reading
Posted in Bankruptcy Sales
Tagged avoidance action, bankruptcy procedures, sale procedures
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Delinquent Property Tax Sales: Is a Purchaser at Risk If a Property Owner Files Bankruptcy?
Hackler v. Arianna Holdings Co., LLC (In re Hackler), 938 F.3d 473 (3d Cir. 2019) – Chapter 13 debtors sought to avoid a prepetition delinquent property tax sale. The bankruptcy court agreed with the debtors that the transfer of title … Continue reading
Scrivener’s Error: Can a Residential Deed of Trust Be Avoided Because It States That It Secures a Maximum Principal Amount of $21.1 Trillion?
Rouse v. U.S. Bank, N.A. (In re Lolley), 607 B.R. 673 (Bankr. W.D. Mo. 2019) – A chapter 7 trustee sought to avoid a deed of trust lien on the grounds that it did not comply with statutory requirements. Specifically, the … Continue reading
Recovery of Avoided Transfers: Section 550 Run Amok (Again)?
Rajala v. Husch Blackwell LLP (In re Generation Resources Holding Co., LLC), 604 B.R. 896 (Bankr. Kan. 2019) – After a consent decree avoiding the transfer of property from the debtor to a second entity, a chapter 7 trustee sought to … Continue reading
Lis Pendens: Is It A “Transfer” (And Thus Avoidable) Or Not?
Viera v. Whitfield (In re Shiver), 598 B.R. 221 (Bankr. D. S.C. 2019) – A chapter 7 trustee sought to avoid a judgment, a lis pendens and a foreclosure decree involving the debtor’s property as preferences and/or by exercising the strong … Continue reading
Bankruptcy Sales and Mortgage Boo-Boos: Timing Can Make All the Difference in the World
Trinity 83 Dev., LLC v. Colfin Midwest Funding, LLC, 917 F.3d 599 (7th Cir. 2019) – A Chapter 11 debtor sought to avoid the cancellation of a mortgage satisfaction as a fraudulent conveyance, contending that the mortgage satisfaction extinguished the debt … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged avoidance action, bankruptcy procedures
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