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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: cash collateral
Mortgagee Relief From the Automatic Stay: “Cause” Is In the Eye of the Beholder – Namely the Court
In re Doug Wilson Ins. Agency, Inc., 495 B.R. 428 (Bankr. E.D. Ark. 2013) – A debtor that owned several properties filed a chapter 11 bankruptcy proceeding on April 1st. A bank that had mortgages on two of the properties moved for relief … Continue reading
Assignment of Rents: Absolute May Not Be So Absolute – Round 2
In re Augusta Center, LLC, 491 B.R. 298 (Bankr. S.D. Ga. 2013) – The debtor owned and operated a hotel property. After it filed bankruptcy, it asked the court for authorization to use cash collateral (e.g. rents and revenues of the … Continue reading
Assignment of Rents: Can You Spend Rents and Still Provide Adequate Protection to the Mortgagee?
In re Putnal, 483 B.R. 799 (Bankr. M.D. Ga. 2012) – In Putnal the debtor proposed to use rents over the objection of an undersecured mortgagee. As a result, the court was faced the question of determining what, if anything, was … Continue reading
Assignment of Rents: Absolute May Not Be So Absolute
In re MRI Beltline Industrial, L.P., 476 B.R. 917 (Bankr. N.D. Tex. 2012) – In MRI Beltline the debtor moved for authority to use rents received from tenants of commercial buildings that it owned, and for a “carve out” to permit … Continue reading
Prepetition Post-Default Rents: Who Gets the Cash – Round 2?
In re Prospect Studios, L.P., 478 B.R. 367 (Bankr. W.D. Mo. 2012) – In Prospect Studios, the law firm representing a chapter 11 debtor requested court authority to apply a prepetition retainer to payment of its fees. Since the source of … Continue reading
Posted in Financing, Real Estate
Tagged cash collateral, claim determination, priority of interests
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Golf Fees As Cash Collateral: Strike Three You’re Out
Far East Nat’l Bank v. U.S. Trustee, San Diego (In re Premier Golf Properties, LP) 477 B.R. 767 (9th Cir. B.A.P. 2012) – Cash collateral is defined in the Bankruptcy Code as including cash, negotiable instruments, deposit accounts, or other cash … Continue reading
Posted in Financing, Real Estate
Tagged cash collateral, claim determination, financing
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