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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: preference
Delinquent Property Tax Sales: Is a Purchaser at Risk If a Property Owner Files Bankruptcy?
Hackler v. Arianna Holdings Co., LLC (In re Hackler), 938 F.3d 473 (3d Cir. 2019) – Chapter 13 debtors sought to avoid a prepetition delinquent property tax sale. The bankruptcy court agreed with the debtors that the transfer of title … Continue reading
Lis Pendens: Is It A “Transfer” (And Thus Avoidable) Or Not?
Viera v. Whitfield (In re Shiver), 598 B.R. 221 (Bankr. D. S.C. 2019) – A chapter 7 trustee sought to avoid a judgment, a lis pendens and a foreclosure decree involving the debtor’s property as preferences and/or by exercising the strong … Continue reading
Mortgage Preference: Dilly-Dally Around with Recording and You May Lose
USAA Fed. Sav. Bank v. Hope, 589 B.R. 914 (M.D. Ga. 2018) – A bankruptcy trustee sought to avoid a security deed granted to a refinancing lender as a preference. In defense the lender asserted that there was a substantially contemporaneous … Continue reading
Resale Profit Participation: Beware – Payments May Be Avoidable as Preferences
Kane v. Coulson (In re Price), 575 B.R. 461 (Bankr. D. Haw. 2017) – A chapter 7 trustee sought to recover as a preference the transfer of proceeds from a sale of the debtor’s real estate under a profit sharing agreement. … Continue reading
Avoiding Mortgages: How Far Does a Bona Fide Purchaser Have To Go in Searching Records?
Wenzel v. Green Tree Servicing, LLC (In re Wenzel), 554 B.R. 861 (Bankr. W.D. Wis. 2016) – A chapter 7 trustee and a debtor sought to avoid as a preference a mortgage assignment that was recorded within 90 days prior … Continue reading
Ordinary Course Preference Defense: How Hard Can You Push to Get Paid?
Satija v. C-T Plaster, Inc. (In re Sterry Industries, Inc.), 553 B.R. 96 (Bankr. W.D. Tex.. 2016) – “Summers are hot in Texas, so pools are a hot item. But not hot enough to help a pool installer named Sterry … Continue reading
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