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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
Can Default Interest And Late Fees Be Excluded From Secured Claims? … Maybe, Maybe Not
In re 785 Partners LLC, 470 B.R. 126 (S.D.N.Y. Bankr. 2012) – Although the general rule is that creditors are not entitled to post-petition interest and fees, that is not necessarily the case for an over-secured lender. In 785 Partners, the … Continue reading
Mortgage Loan Sales / Guarantees: Freedom of Contract And Double Counting
In re Kaid, 472 B.R. 1 (Bankr. E.D. Mich. 2012) – Can a mortgagee retain the right to collect on a guarantee after a sale of the guaranteed note and mortgage? In Kaid, the answer was yes; but to avoid … Continue reading
Usurious Loan Claim: What Is An Equitable Result?
In Re Loucheschi LLC, 471 B.R. 777 (Bankr. D. Mass 2012) – When a lender makes a loan that does not comply with usury laws it runs a risk that not only will interest and charges be disallowed, but also the … Continue reading
“Strong Arm” Powers Round 2: This Time The Mortgage Survives
Hiraldo v. Banco Popular Depuerto Rico (In re Hiraldo), 471 B.R. 676 (D. P.R. 2012) – Hiraldo illustrates the key role that state law can play in determining the outcome of a bankruptcy case. Despite the fact that a mortgage presented … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, financing, preference, strong arm powers
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Chapter 11 Secured Loans: “Lien Stripping” Lives
In re Heritage Highgate, Inc., 679 F.3d 132 (3rd Cir. 2012) – In Heritage Highgate, the secured claims of a group of investors were valued at zero for purposes of treatment in a plan of reorganization, with the result that their … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, plan of reorganization, valuation
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Bankruptcy “Strong Arm” Powers: Bye Bye Mortgage
Rhiel v. Central Mortgage Co. (In re Kebe), 469 B.R. 778 (Bankr. S.D. Ohio 2012) – Kebe provides a classic example of the exercise of bankruptcy “strong arm” powers. Based on a defective notarization, the lien of a mortgage was avoided, and … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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