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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: brokers
Broker Commissions: So You Want To Be Paid
Harris v. Scarcelli (In re Oak Knoll Assoc., L.P.), 835 F.3d 24 (1st Cir. 2016) – A real estate broker asserted a claim for a commission in connection with a post-petition sale of property by the debtor. The bankruptcy court … Continue reading
Broker Listing Agreement: Seller Beware – Be Sure You Get What You Paid For Before You Have To Pay
In re Cimarron Group, Inc., 545 B.R. 646 (Bankr. D. Mont. 2016) – A real estate broker filed a proof of claim in a chapter 7 bankruptcy contending that it was owed a commission based on a pre-bankruptcy listing agreement. … 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
Broker Commissions: Technical Requirements Trump Equitable Considerations
In re Oak Knoll Assocs., L.P., 525 B.R. 175 (Bankr. D. Me. 2015) – A real estate broker sought allowance of an administrative expense claim for his commission in connection with a sale of real estate. The debtor and its general … Continue reading
Broker Commissions: Trying To Climb The Payment Priority Ladder
In re Grubb & Ellis Co., 478 B.R. 622 (Bankr. S.D.N.Y. 2012) – Real estate agents who worked for Grubb & Ellis Co. prior to its bankruptcy sought allowance of their claims for commissions as an administrative expense. Grubb & … Continue reading