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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: bankruptcy procedures
Partner Liability: Choice of Law Could Make More of a Difference Than You Might Expect
Residential Liquidating Trust v. Mortgage Investors Group, Inc. (In re Residential Capital, LLC), 527 B.R. 590 (Bankr. S.D.N.Y. 2015) – A liquidating trust sued the general partners of a partnership for claims of contractual breach by the partnership. The partners argued … Continue reading
Individual Debtor Exemptions: What Can You Do With a Rent-Stablized Lease?
Santiago-Monteverde v Pereira (In re Santiago-Monteverde), 780 F.3d 126 (2d Cir. 2015) – A Chapter 7 trustee sought to assume a debtor’s rent-stabilized lease so that he could sell it to the owner of the building. In response, the debtor amended … Continue reading
Non-Recourse Loans: Turning Into Recourse and Back Again
Mastan v. Salamon (In re Salamon), 528 B.R. 171 (9th Cir. BAP 2015) – The bankruptcy court disallowed the claim of a deed of trust creditor on the grounds that it was barred by the applicable state anti‑deficiency statute. The creditor … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, bankruptcy procedures, claim determination, financing
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Lien Rights: Does Discharge of a Debtor Preclude Enforcement of a Lien Against the Debtor’s Property?
Washington v. Green Tree Servicing, LLC (In re Washington), 529 B.R. 654 (Bankr. D. S.C. 2015) – After filing a second chapter 13 bankruptcy, a debtor brought a proceeding to determine the creditor’s lien rights, if any, in her mobile home and … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, discharge of debts, financing
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Joint Tenancy: What Happens When a Joint Tenant’s Interest Becomes Part of the Bankruptcy Estate?
Peet v. Checkett (In re Peet), 529 B.R. 718 (8th Cir. BAP 2015) – A chapter 7 trustee proposed to sell real and personal property that was owned by the chapter 7 debtors as joint tenants with parents of one of the debtors … Continue reading
Brokers: Rely on Broker Statements at Your Peril
Alamo Group, LLC v. A & G Realty Partners, LLC (In re OSC 1 Liquidating Corp.), 529 B.R. 825 (Bankr. D. Del. 2015) – A purchaser of debtors’ lease designation rights filed a complaint in bankruptcy court against the debtors’ real … Continue reading
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