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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
Administrative Expenses: Are Electrons Movable So That Electricity Is a Good?
In re NE Opco, Inc., 501 B.R. 233 (Bankr. D. Del. 2013) – A municipal utility sought an administrative expense payment for the electricity and natural gas that it provided to the debtors during the 20 days prior to bankruptcy. The … Continue reading
Sale Contract for Mineral Interests: Speak Early and Often, Or Forever Hold Your Peace
Davis v. Dunmore Properties, Inc. (In re Davis), 503 B.R. 609 (Bankr. M.D. Pa. 2013) – After confirmation of their chapter 13 plan, two chapter 13 debtors filed motions for summary judgment seeking to reject a contract for sale of their mineral rights … Continue reading
Default Interest: Is a Mortgagee Entitled to Collect the Contract Rate, or Must It Be Reasonable?
In re Haldes, 503 B.R. 441 (Bankr. N.D. Ill. 2013) – An oversecured mortgagee’s proof of claim included default interest for the period from the date of the bankruptcy filing through confirmation of a plan of reorganization. The debtor argued that … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, claim determination, financing
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Environmental Enforcement: Sometimes Bankruptcy Provides a Respite, and Sometimes It Doesn’t
In re Edison Mission Energy, 502 B.R. 830 (Bankr. N.D. Ill. 2013) – Pre-bankruptcy the Sierra Club filed a citizen suit complaint with the Illinois Pollution Control Board (IPCB) against a power company requesting penalties and an order requiring it to … Continue reading
Bankruptcy Sales: Acquiring Related Contracts (Whether the Debtor Cooperates or Not)
Popgrip, LLC v. Brown’s Chicken & Pasta, Inc. (In re Brown’s Chicken & Pasta, Inc.), 503 B.R. 86 (Bankr. N.D. Ill. 2013) – A debtor who was a restaurant franchisor sold substantially all of its assets in a bankruptcy auction. The … Continue reading
Avoidance Recoveries: Who Can Be Sued And When?
Securities Investor Protection Corp. v. Bernard L. Madoff Inv. Securities LLC, 501 B.R. 26 (S.D.N.Y. 2013) – The debtor (Madoff Securities) made payments to “feeder funds” that provided its funding, and the feeder funds in turn made payments to their investors, … Continue reading
Posted in Uncategorized
Tagged avoidance action, bankruptcy procedures, strong arm powers
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