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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: guarantees
Married Individual Guarantor: Collecting from Property Subject to a Spouse’s Interest Can Be “Iffy”
First Community Bank v. Gaughan (In re Miller), 853 F.3d 508 (9th Cir. 2017) – A creditor obtained an Arizona judgment against the debtor arising from the guarantee which it recorded and registered in California. After the debtor filed bankruptcy … Continue reading
Interpreting a Guaranty: Teeny Typo Turns Into a Colossal Pain
WBCMT 2007 C33 Office 9720, L.L.C. v. NNN Realty Advisors, Inc., 844 F.3d 473 (5th Cir. 2016) – A noteholder sought to enforce a guaranty of a $17.5 million loan made to various entities for the purpose of acquiring tenant-in-common … Continue reading
Guarantors Beware: Ignore Boilerplate at Your Peril
Edwards Family P’ship v Dickson, 821 F.3d 614 (5th Cir. 2016) – Prior to bankruptcy the debtor obtained loans from two lenders totaling $16 million that were guaranteed by its CEO. After the debtor defaulted and filed bankruptcy, the lenders … Continue reading
Dragnet Clauses: Sometimes They Don’t Work as Hoped, and Sometimes They Do
In re Presser, 504 B.R. 452 (Bankr. S.D. Ohio 2014) – A judgment lien creditor objected to a joint debtors’ chapter 11 plan of reorganization based on a dispute with a mortgagee about whether its mortgages secured guaranty obligations of … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, guarantees, priority of interests
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California Anti-Deficiency Laws: Is Your Trust Obligor a “True” Guarantor Or Merely a Primary Obligor in Disguise?
In re Brock, 494 B.R. 534 (Bankr. D. Colo. 2013) – Individual chapter 11 debtors objected to a deficiency claim filed by a bank. They argued that California’s anti-deficiency laws prevented the bank from making a claim against the debtors under their … Continue reading
Special Purpose Entities: What Recourse Does A Lender Have When SPEs Are Consolidated Pre-Bankruptcy? … Maybe None
Fed. Nat’l Mortgage Ass’n v. Bruckner, 489 B.R. 93 (E.D. Wis. 2012) – The debtor (Buckner) owned 36 rental projects (containing ~ 1300 rental units) through various limited liability companies. The LLCs transferred all of the properties to Buckner a few … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, financing, fraudulent conveyance, guarantees
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