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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: perfection
UCC Terminations: An “Oops” Filing Can Be Fatal
Crop Production Services, Inc. v. Wheeler (In re Wheeler), 580 B.R. 719 (Bankr. W.D. Ky. 2017) – A chapter 7 debtor was a farmer who obtained various loans for equipment and land and to put crops in the field. One of … 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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Priority Fight: Equipment Vendor Takes On Mortgagee
MTGLQ Investors, LP v. Bresco Solutions, LLC (In re Marvel Cliff Crossing Apartments, LLC), 484 B.R. 175 (Bankr. S.D. Ohio 2012) – In Marvel Cliff, an equipment vendor sold and installed security cameras and wireless internet access equipment together with related … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, perfection, priority of interests
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Perfecting Manufactured Home Liens: Variations on a Theme
Kinzalow v. Clayton Bank & Trust (In re Value Investment Properties, LLC), 481 B.R. 403 (Bankr. E.D. Tenn. 2012) – Determining the priority of liens in manufactured homes owned by the debtor raised the standard question of how to classify … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, perfection, priority of interests
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“Strong Arm” Powers Round 4: Manufactured Home Liens
Vanderbilt Mortgage & Finance, Inc. v. Higgason (In re Pierce), 471 B.R. 876 (B.A.P. 6th Cir. 2012) – Proper perfection of a lien is critical because typically an unperfected lien can be avoided in a bankruptcy using the strong arm … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, perfection, strong arm powers
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