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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: financing
Treatment Under Plan of Reorganization: Mortgage Discharge May Take More Than You Might Expect
Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 725 F.3d 494 (5th Cir. 2013) – The 5th Circuit upheld the district court decision with the result that notwithstanding the debtor’s attempt to discharge a mortgage … Continue reading
UCC Financing Statements: Words to the Wise — Do Not Allow an Active UCC to Lapse
Highland Constr. Mgmt. Services, LP v Wells Fargo, N.A. (In re Highland Constr. Mgmt. Services LP), 497 B.R. 829 (Bankr. E.D. Va. 2013) – This opinion opens with a riddle: “When is a financing statement that is no longer effective, still … Continue reading
Posted in Financing
Tagged avoidance action, financing, perfection, strong arm powers
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Original Issue Discount Claim: Maybe It’s Allowed, And Maybe It’s Not
Official Comm. of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC), 495 B.R. 250 (Bankr. S.D. N.Y. 2013) – An unsecured creditors committee brought an action against an indenture trustee and collateral agent (a) seeking to recharacterize a … Continue reading
Of Auction Sales and Fees: Going, Going, Going … Not Gone
Garden v. Central Nebraska Housing Corp., 719 F.3d 899 (8th Cir. 2013) – A secured party obtained relief from the automatic stay to allow the trustee under a deed of trust to sell a farm. The secured party contended that (i) … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, claim determination, financing, sale procedures
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Title Insurance Claims: What Happens When “Push Comes to Shove”
Henderson v. Cmty. Bank of Mississippi (In re Evans), 492 B.R. 480 (Bankr. S.D. Miss. 2013) – An individual (Evans) together with thirteen entities he controlled filed bankruptcy. In the context of an adversary proceeding brought by a chapter 7 trustee to … Continue reading
Loss Mitigation Program: Sooner Or Later a Court May Lose Patience With a Dilatory Mortgagee
In re Bambi, 492 B.R. 183 (Bankr. S.D.N.Y. 2013) – The Bankruptcy Court for the Southern District of New York has adopted Loss Mitigation Program Procedures to facilitate negotiation in cases where individual debtors are in danger of losing their homes … Continue reading
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