Real Estate Committee


Post date: Tuesday, June 27, 2017

In In re RW Meridian LLC,[1] the Ninth Circuit Bankruptcy Appellate Panel considered whether the pre-petition expiration of the Debtor’s right of redemption for unpaid taxes permitted the tax authority to complete a tax sale post-petition without obtaining relief from the stay.

Post date: Tuesday, June 27, 2017

The increasing relaxation of state laws regulating both the medical and recreational use of marijuana has led to a boom in marijuana-related businesses (“MRBs”). Because MRBs are not exempt from economic forces, however, courts are increasingly being confronted with bankruptcy filings by and against MRBs.

Post date: Monday, June 05, 2017

A recent decision out of the Western District of Pennsylvania, In re Veltre,[1] added to the split among courts about whether a non-collusive foreclosure sale can be avoided as a preferential transfer under § 547.

Post date: Monday, June 05, 2017

Recently, the United States Bankruptcy Court for the Eastern District of New York joined a growing list of courts that have disagreed with the First and Third Circuits and interpreted §1322(b)(2)[1] to prohibit a debtor from modifying a second lien secured by the debtor’s personal residence that is also an income-producing rental prope

Post date: Monday, June 05, 2017

The Bankruptcy Code allows a chapter 13 debtor to propose a plan that bifurcates undersecured claims into secured and unsecured claims except where the claim is one secured “only by a security interest in real property that is the debtor’s principal residence”.[1] If the sole collateral securing the claim is the debtor’s princ

Post date: Monday, February 27, 2017

While lawyers and trustees in individual debtor bankruptcy cases are likely familiar with § 363(h) of the Bankruptcy Code, many commercial bankruptcy lawyers often forget its existence.

Post date: Monday, February 27, 2017

[1]In yet another example of the lingering impact of the recession on the residential mortgage industry, the U.S. Bankruptcy Court for the District of Hawaii has weighed in on the meaning of a debtor's election to "surrender" his or her residence in a chapter 7 case.

Post date: Monday, February 27, 2017
Photo of Brian A. Audette
Brian A. Audette

The recent spate of major retail bankruptcy filings — Sports Authority, Radio Shack, Wet Seal, PacSun and Aeropostale, to name a few — have thrust landlords into the middle of unfamiliar and complex chapter 11 restructurings and asset sales.

Post date: Thursday, December 15, 2016

It’s been another great year for the Real Estate Committee. First, as co-chairs, we would like to thank its members for their support and continued participation on the Real Estate Committee for 2016. The committee is really only as good as its members and their contributions.

Post date: Tuesday, November 22, 2016

One of the benefits of purchasing a debtor’s assets through the bankruptcy process is the opportunity to obtain an order from a bankruptcy court approving the sale free and clear of other parties’ interests in the purchased property, pursuant to § 363(f) of the Bankruptcy Code.


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

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

Mr. Greg Corbin
Membership Relations Director
Northgate Real Estate Group
New York, NY
(212) 419-8101

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