About Bankruptcy-RealEstate-Insights
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: sale “free and clear”
Bankruptcy Sales: “Free And Clear” Meets Tax Injunction Act
In re Old Carco LLC, 505 B.R. 151, (Bankr. S.D.N.Y. 2014) – A bankruptcy purchaser filed a motion with the bankruptcy court to prevent state tax authorities from using the debtor’s experience rating to determine purchaser’s unemployment insurance tax rate. … Continue reading
Bankruptcy Sales: “Free and Clear” – Round 2
In re Christ Hospital, 502 B.R. 158 (Bankr. D. N.J. 2013) – The buyer of a chapter 11 debtor’s assets sought to enforce a bankruptcy court order approving the sale “free and clear” of interests: it asked the bankruptcy court to enjoin … Continue reading
Bankruptcy Sales: “Free and Clear”… Or Not
In re Hassen Imports P’ship, 502 B.R. 851 (C.D. Cal. 2013) – A chapter 7 trustee sought to sell real estate “free and clear” of certain prepetition contracts and covenants between the debtor and a city, as successor of a redevelopment agency. … Continue reading
Posted in Bankruptcy Sales
Tagged avoidance action, sale "free and clear", strong arm powers
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Bankruptcy Sale: A Potpourri of Issues
In re Scimeca Found., Inc., 497 B.R. 783 (Bankr. E.D. Pa. 2013) – A chapter 7 trustee sought court approval for a sale of the debtor’s property and resolution of related issues over the objections of the debtor. In granting the … Continue reading
Bankruptcy Sales: Buyer Beware, As-Is Means As-Is, and So On
Baldiga v. C.A. Acquisition Corp. (In re Cyphermint, Inc.), 496 B.R. 49 (Bankr. D. Mass. 2013) – A chapter 7 bankruptcy trustee brought an adversary proceeding against a buyer and its designated purchaser for breach of contract and civil contempt. The defendants … Continue reading
Property Transfers: What Goes On In Probate Court Stays In Probate Court – Wrong
Baldiga v. Golemo (In re Golemo), 494 B.R. 588 (Bankr. D. Mass. 2013) – A chapter 7 trustee sought to use his strong-arm powers to avoid the transfer of several properties from the debtor to his ex-wife pursuant to an unrecorded prepetition … Continue reading
Posted in Bankruptcy Sales, Real Estate
Tagged avoidance action, sale "free and clear", strong arm powers
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