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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
Ordinary Course Preference Defense: How Hard Can You Push to Get Paid?
Satija v. C-T Plaster, Inc. (In re Sterry Industries, Inc.), 553 B.R. 96 (Bankr. W.D. Tex.. 2016) – “Summers are hot in Texas, so pools are a hot item. But not hot enough to help a pool installer named Sterry … Continue reading
Foreclosure: Failure to Timely Record Sale Deed (Oops)
Cornell v Envoy Mortgage, Ltd. (In re Hosch), 551 B.R. 696 (Bankr. D. N.H. 2016) – A foreclosing mortgagee that was the successful bidder at the foreclosure sale delayed recording the sale deed. A chapter 7 trustee claimed that as … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Leases: Prebankruptcy Termination May Not Mean That the Landlord Is Out Of the Woods
Official Comm. of Unsecured Creditors v. T.D. Investments I, LLP (In re Great Lakes Quick Lube LP), 816 F.3d 482 (7th Cir. 2016) – A chapter 11 debtor relinquished 2 leases prior to filing bankruptcy. The unsecured creditors’ committee sought … Continue reading
Posted in Real Estate
Tagged avoidance action, fraudulent conveyance, lease, preference
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Recording Requirements: When “Duly Acknowledged” Is Not Enough
DeGiacomo v. First Call Mortgage Company (In re Reznikov), 548 B.R. 606 (Bankr. D. Mass. 2016) – A chapter 7 trustee sought to avoid a recorded mortgage based on a defective acknowledgment and then to preserve the lien of the … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, priority of interests, strong arm powers
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Bond Financing Liens: Who’s on First?
Zucker v Wesbanco Bank, Inc. (In re Fairmont General Hospital, Inc.), 546 B.R. 659 (Bankr. N.D. W.Va. 2016) – A chapter 11 liquidating trustee and a bond trustee brought an adversary proceeding against the Marion County Commission (Commission) as the … Continue reading
UCC Financing Statements: The Ins and Outs of “Authorization”
Official Committee of Unsecured Creditors of the Adoni Group, Inc. v. Capital Business Credit, LLC (In re The Adoni Group, Inc.), 530 B.R. 592 (Bankr. S.D.N.Y. 2015) – A creditors’ committee claimed that a financing statement was void, so that the … Continue reading
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