Real Estate Advisor Law Blog

Real Estate Advisor Law Blog

Tag Archives: bankruptcy

Fraudulent Transfer Litigation – The Eleventh Circuit Court of Appeals Deals a Blow to Lenders

Posted in Bankruptcy/Creditor's Rights Issues, Conveyancing
 A highly significant ruling involving fraudulent transfers recently decided by the Eleventh Circuit could have a far-reaching impact on distressed lending and investing.   In Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In re TOUSA, Inc.), 2012 WL 1673901 (11th Cir. May 15, 2012), the Eleventh Circuit Court of Appeals reversed the district court and… Continue Reading

Single Asset Real Estate Chapter 11 Cases – The Sixth Circuit Bankruptcy Appellate Panel Gives a Victory to Undersecured Lenders

Posted in Bankruptcy/Creditor's Rights Issues
A recent case from the Sixth Circuit Bankruptcy Appellate Panel, In re Buttermilk Towne Center, LLC, 2010 Bankr. LEXIS 4563 (BAP 6th Cir. 2010), appears to have strengthened the undersecured lender’s hand in single asset real estate Chapter 11 cases. An undersecured lender is one whose collateral is worth less than the amount the debtor owes,… Continue Reading
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