SUMMARY
Volume 4 of this 2015 award-winning series includes chapters covering nonpossessory rights and more. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 50
BANKRUPTCY ISSUES FOR REAL ESTATE ATTORNEYS
David W. Hercher
John Casey Mills
Clifton Molatore
Jeanne Kallage Sinnott
§ 50.1 INTRODUCTION
§ 50.2 AUTOMATIC STAY
§ 50.2-1 Scope of the Automatic Stay
§ 50.2-2 Automatic Stay Exceptions
§ 50.2-3 Geographic Scope of the Automatic Stay
§ 50.2-4 Duration of the Automatic Stay
§ 50.2-5 Effect of Automatic Stay on Expiration of Rights of Redemption
§ 50.2-6 Effect of Automatic Stay on Incomplete Nonjudicial Trust-Deed Foreclosure
§ 50.2-7 Prepetition Agreements to Waive Automatic Stay
§ 50.2-8 Grounds for Relief from the Automatic Stay
§ 50.2-9 Annulment of the Stay
§ 50.2-10 Acts in Violation of the Stay
§ 50.2-11 Enforcement of the Stay
§ 50.2-12 Special Codebtor Stay in Chapters 12 and 13
§ 50.3 REAL ESTATE SECURED CLAIMS
§ 50.3-1 Definition
§ 50.3-2 Examples of Secured Claims
§ 50.3-3 Components of Secured Claims
§ 50.3-4 Statutory Liens
§ 50.3-5 Judgment Liens
§ 50.3-6 Security Interests in Rents and Profits
§ 50.3-7 Security Interests in Hotel and Motel Revenues
§ 50.3-8 Adequate Protection and Use of Cash Collateral
§ 50.3-9 Effect of Bankruptcy on Property Held by Receiver
§ 50.3-10 Disposition of Collateral Other Than Cash Collateral
§ 50.3-11 Valuation
§ 50.3-12 Reaffirmation Agreements
§ 50.3-13 Priming Liens on Estate Property
§ 50.4 LEASES
§ 50.4-1 Distinguishing between a True Lease and a Financing Transaction
§ 50.4-2 Prepetition Termination
§ 50.4-3 Assumption, Assignment, and Rejections
§ 50.4-4 Payment of Postpetition Rent
§ 50.4-5 Determining the Amount of the Rejection Claim
§ 50.4-6 Debtor as Lessor
§ 50.4-7 Postpetition Leases
§ 50.5 SALES OF PROPERTY
§ 50.6 PROOF OF CLAIM
§ 50.6-1 In General
§ 50.6-2 Claims Secured by Debtor’s Personal Residence
§ 50.6-3 Additional Requirement for Claims Secured by Debtor’s Personal Residence in Chapter 13 Cases
§ 50.7 A VOIDANCE POWERS
§ 50.7-1 Minimizing Risk of Loss Arising from Operation of Trustee’s Avoidance Powers
§ 50.7-2 Debtor’s Power to Avoid Fixing of a Judicial Lien That Impairs an Exemption
§ 50.8 REAL ESTATE TAXES IN BANKRUPTCY
§ 50.8-1 Property Taxes
§ 50.8-2 Sales and Transfer Taxes
§ 50.9 EFFECT OF BANKRUPTCY PLANS ON REAL ESTATE INTERESTS
§ 50.9-1 Chapter 9
§ 50.9-2 Chapter 11
§ 50.9-3 Chapter 12
§ 50.9-4 Chapter 13