Real Estate Committee

Committees

Post date: Tuesday, December 08, 2015

While the flood of residential foreclosures that characterized the Great Recession has dried up, appeals challenging the rights of lenders to recover their post-foreclosure loan balances are still finding their way through the appellate process. Anti-deficiency laws — which either

Post date: Tuesday, December 08, 2015
Photo of Brian A. Audette
Brian A. Audette

In Bank of America, N.A. v. Caulkett,[1] the U.S. Supreme Court held that a chapter 7 debtor may not void, or “strip,” a junior mortgage that is completely underwater. To fully appreciate the Supreme Court’s decision, one must understand the

Post date: Tuesday, December 08, 2015

An Eastern District of Kentucky Bankruptcy Court recently held that mining leases did not constitute “true lease[s]” for the purposes of 11 U.S.C. § 365 and instead were “conveyance[s] of an interest in real property” governed by 11 U.S.C. § 363.[1] The court issued its decision in two companion chapter 7 cases: In re

Post date: Wednesday, September 23, 2015
Photo of Christopher A. Camardello
Christopher A. Camardello

The Fifth Circuit Court of Appeals recently held that a lien in favor of a condominium association is not a “security interest” for purposes of 11 U.S.C. § 1322(b)(2).

Post date: Wednesday, September 23, 2015
Photo of Neil F. Axler
Neil F. Axler

Analyzing the complex commercial real estate sometimes involves the identification of intangible assets and sourcing a real estate appraiser who is familiar with business valuation practices. For business appraisers, “intangible assets” are defined as:

Post date: Wednesday, April 08, 2015

In 2012, ABI initiated a comprehensive analysis of chapter 11 business bankruptcy cases and possible reforms. Following a three-year review process, the ABI Commission to Study the Reform of Chapter 11 recently issued its “2012-2014 Final Report and Recommendations.”[1] ABI believed that such a report was appropriate in light of the changes in businesses, capital structures and the global marketplace since enactment of the Bankruptcy Code in 1978.

Post date: Wednesday, April 08, 2015

A single-asset real estate (SARE) case is defined as “real property constituting a single property or project, other than residential real property with fewer than [four] residential units, which generates substantially all of the gross income of a debtor who is not a family farmer and on which no substantial business is being conducted by a debtor other than the business of operating the real

Post date: Friday, April 03, 2015

In 2002, Hon. Robert E. Gerber of the U.S. Bankruptcy Court for the Southern District of New York published In re Ames Dep’t Stores Inc.,[1] a case that has often been cited as being an innovative approach to addressing issues arising in debtor estates with numerous locations subject to unexpired real property leases.

Post date: Friday, April 03, 2015

In In re Bodensiek,[1] a chapter 7 case involving an abandoned Florida homestead, the bankruptcy court addressed the issue of whether a debtor can strip[2] a wholly unsecured claim on account of a second mortgage on abandoned homestead property.

Post date: Thursday, November 06, 2014

There are two types of foreclosure proceedings in the U.S.: judicial and nonjudicial. Both proceedings contain procedures for oversecured creditors to recover attorneys’ fees and costs from the proceeds of the collateral securing the indebtedness.

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Mr. Evan T. Miller
Co-Chair
Bayard, P.A.
Wilmington, DE
(302) 429-4227

Ms. Megan W. Murray
Co-Chair
Underwood Murray PA
Tampa, FL
(813) 5408403

Ms. Erin A. West
Communications Manager
Godfrey & Kahn, S.C.
Madison, WI
(608) 284-2277

Mr. David E. Levy
Education Director
Keen-Summit Capital Partners & Summit Investment Management
Chicago, IL


Ms. Katharine B. Clark
Special Projects Leader
Thompson Coburn LLP
Dallas, TX
(972) 629-7100

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