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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
Foreclosure: Will a Last Minute Sale Survive?
In re Cook, 481 B.R. 265 (Bankr. N.D.N.Y. 2012) – A couple of hours before the Cooks filed a chapter 13 bankruptcy case, their home was sold at a foreclosure sale as the final step in a foreclosure of the first … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, foreclosure, fraudulent conveyance, strong arm powers
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Prepetition Fire Insurance Proceeds: Who Gets the Cash?
Crews v. TD Bank, N.A. (In re Crews), 477 B.R. 835 (Bankr. M.D.Fla. 2012) – A mortgaged building was destroyed by fire prior to the mortgagor’s bankruptcy filing. In an earlier opinion the bankruptcy court held in that the mortgagee had … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, claim determination, strong arm powers
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Protecting Utilities: Would You Believe a Bill Payment is a Settlement Payment Under a Forward Contract?
Lightfoot v. MX Energy Electric, Inc. (In re MBS Management Services, Inc.), 690 F.3d 352 (5th Cir. 2012) – The bankruptcy trustee of a property management company sought to recover money paid to a power company prior to bankruptcy as … Continue reading
Condo Liens: Judicial Lien v. Security Interest v. Statutory Lien – And Who Cares?
Young v. 1200 Buena Vista Condominiums, 477 B.R. 594 (W.D. Pa. 2012) – Young, a chapter 13 debtor, sought to avoid a condominium association lien for assessments because his chapter 13 plan was feasible only if a large portion of the lien … Continue reading
“Strong Arm” Powers: Who Gets First Dibs on Christmas Trees?
Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) – In Grogan, the debtors planted and harvested Christmas trees. The bankruptcy court was called upon to determine whether the debtors could exercise their “strong … Continue reading
“Strong Arm” Powers: Not All Mistakes are Equal in Avoiding a Mortgage
Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521 (Bankr. S.D. Ohio 2011) – In Jared, the chapter 7 trustee sought to avoid two mortgages on registered land that (a) were noted on the certificates of title to … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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