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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: trust funds
PACA Claims: Watch Out or the Tail Will Wag the Dog
In re Cherry Growers, Inc., 576 B.R.. 569 (Bankr. W.D. Mich. 2017) – A chapter 11 debtor that purchased agricultural produce but also earned income from non-Perishable Agricultural Act (PACA) sources sought court authorization to use cash collateral. A PACA claimant … Continue reading
Construction Claims: Trust Funds Can Go Poof (Round 2)
Lain v. Universal Drywall LLC (In re Erickson Retirement Communities, LLC), 497 B.R. 504 (Bankr. N.D. Tex. 2013) – A chapter 11 liquidating trustee sought to recover a prepetition payment made by the debtor to a subcontractor on the basis that it … Continue reading
Title Company Escrow Check: Now You See It, Now You Don’t
White Family Cos., Inc. v. Slone (In re Dayton Title Agency, Inc.), 724 F.3d 675 (6th Cir. 2013) – The debtor, a title agency, facilitated a series of loans by having both the loans and the loan repayments pass through its … Continue reading
Construction Claims: Trust Funds Can Go Poof
McDonald v. Little Limestone, Inc. (In re Powers Lake Construction Co.), 482 B.R. 803 (Bankr. E.D. Wis. 2012) – A typical trust fund statute provides that payments to a construction contractor are treated as funds held in trust until its … Continue reading
Construction Trust Funds: Does Failure to Pay Give Rise to a Non-Dischargeable Debt?
Reshetar Systems, Inc. v. Thompson, 686 F.3d 940 (8th Cir. 2012) – Scott Thompson, the owner and manager of a construction company, signed a confession of judgment accepting liability for the company’s failure to pay its subcontractor sums received from … Continue reading
Construction Lien Payments: Trust Funds or Not?
Lain v. V3 Construction Group Ltd. (In re Erickson Retirement Communities, LLC), 475 B.R. 762 (Bankr. N.D. Tex. 2012) – The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to … Continue reading
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