Real Estate Committee


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.


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

Ms. Megan W. Murray
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

Mr. Charles A. Malloy
Newsletter Editor
Arnold & Porter Kaye Scholer LLP
Washington, DC
(202) 942-5926

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

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