About Bankruptcy-RealEstate-Insights
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
Rejecting Related Contracts: When Can You Pick and Choose?
In re Trinity Coal Corp., 514 B.R. 526 (Bankr. E.D. Ky. 2014) – The debtors sought to reject easement and disposal agreements with the owners of adjacent coal mines. The adjacent owners objected on the basis that the agreements were … Continue reading
Mortgage-Backed Securities: “It Is The Rare Ordinary Human Being Who Understands Them”
In re Lehman Bros. Holdings Inc., 513 B.R. 624 (Bankr. S.D.N.Y. 2014) – A purchaser of residential mortgage-backed securities filed proofs of claim based on alleged misrepresentations by the debtors in offering materials distributed in connection with sale of the … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, financing, subordination
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Stay Relief: What Happens to “Unreasonable” Fees?
Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 358 (5th Cir. 2014) – After an oversecured creditor obtained relief from the automatic stay and foreclosed on some property, the bankruptcy court asserted jurisdiction … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, bankruptcy procedures, financing
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LLP: When Is A Partnership Not a Partnership (And Who Cares)?
In re Beltway Law Group, LLP, 514 B.R. 341 (Bankr. D. D.C. 2014) – A managing partner filed an involuntary chapter 7 petition against a professional limited liability partnership. The bankruptcy court denied the petition and dismissed the case based on its … Continue reading
Strong Arm Powers: What Can Be Done With An Avoided Lien?
DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) – A chapter 7 trustee sought to avoid an unrecorded first mortgage and to preserve the lien for the benefit of the bankruptcy estate. In response, the debtor sought … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, bankruptcy procedures, financing, strong arm powers
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Subcontractor Claims: What Can You Do Once Your General Contractor Files Bankruptcy?
Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether … Continue reading
Posted in Financing
Tagged automatic stay, avoidance action, bankruptcy procedures, statutory liens
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