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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: statutory liens
PACA Claims: Beware of PACA Trusts Providing Special Protection to Perishable Agricultural Commodities Sellers
S & H Packing & Sales Co., Inc. v. Tanimura Distrib., Inc. (In re Tanimura, Distrib., Inc.), 850 F.3d 446 (9th Cir. 2017) – Produce growers who sold to a debtor/distributor on credit sued a factoring agent that acquired accounts … Continue reading
Avoiding Judicial Liens: Existing But Unenforceable v. Nonexistent
CRP Holdings, A-1, LLC v. O’Sullivan (In re O’Sullivan), 841 F3d 786 (8th Cir. 2016) – A chapter 7 debtor sought to avoid a judgment lien on the grounds that the lien impaired the debtor’s exemption. The bankruptcy court granted … Continue reading
Subcontractor Claims: What Can You Do Once Your General Contractor Files Bankruptcy?
Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether … Continue reading
Posted in Financing
Tagged automatic stay, avoidance action, bankruptcy procedures, statutory liens
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Underwater Liens: Can A Federal Tax Lien Be Stripped Off In A Chapter 13?
Ryan v. United States of America (In re Ryan) 725 F.3d 623 (7th Cir. 2013) – A chapter 13 debtor sought to void a federal tax lien under Section 506(d) of the Bankruptcy Code to the extent that it exceeded the value … Continue reading
Claim Priority: Construction Lien Meets Mortgage – Who Wins?
ROK Builders, LLC v. 2010-1 SFG Venture LLC (In re Moultonborough Hotel Group, LLC), 726 F.3d 1 (1st Cir. 2013) – After the owner of a newly constructed hotel filed bankruptcy, the assignee of the construction mortgage sought a declaration that … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, priority of interests, statutory liens
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Automatic Stay: Rolling the Dice With a Tax Deed
In re Rugroden, 481 B.R. 69 (Bankr. N.D. Cal. 2012) – Can the IRS issue a tax deed for real property after a bankruptcy has been filed where the tax sale took place prior to bankruptcy, or is that a violation … Continue reading
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