News & Analysis as of

Bankruptcy Court Property Owners

Eversheds Sutherland (US) LLP

When “preserving value” isn’t enough: what Broadway Realty teaches about lender rights in bankruptcy

A recent decision from the US Bankruptcy Court for the Southern District of New York has drawn a sharp line for real estate owners seeking to use lender cash in bankruptcy.1 In denying Broadway Realty’s motion to access...more

Patterson Belknap Webb & Tyler LLP

Court Orders Removal of Couple from Upper East Side Mansion

While the bankruptcy world’s eyes are locked on the genetic code up for auction in 23andMe’s chapter 11 proceedings, we are also focused on a more old fashioned asset: New York City real estate. 19 East 75th Street (the...more

Nossaman LLP

New Court Guidance on Rights to Use Captured Water/Percolating Groundwater

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On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more

Morrison & Foerster LLP

Deed in Escrow

Is a “deed in escrow,” sometimes referred to as a “deed in a box,” enforceable in New York? While many real estate attorneys believe that it is not, a recent court ruling illustrates that the answer may not be as...more

Rivkin Radler LLP

Supreme Court Settles Debate on Passive Retention of Property

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For some time, bankruptcy courts wrestled over whether creditors violated the Bankruptcy Code’s automatic stay provision under 11 U.S.C. § 362(a)(3) by creditors’ passive retention of a debtor’s property once a debtor files...more

Patterson Belknap Webb & Tyler LLP

For Hawaiian Golf Project, it’s Aloha New Ownership, Aloha Old Debt

The owners of an ambitious Hawaiian golf project in the Makaha Valley of Oahu said Aloha (hello) to new owners, and Aloha (goodbye) to old debt obligations...more

Roetzel & Andress

The Eleventh Circuit Decides That Chapter 11 Debtors In Possession Cannot Receive Loans Under The Paycheck Protection Program...

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As many property owners and business operators continue to face the economic malaise associated with government shutdown orders, a decline in foot traffic in many of the traditional brick and mortar businesses, and a slow...more

BakerHostetler

Bankruptcy Courts Contemplate Debtors' Rejection of Real Property Covenants in Midstream Contracts

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ver the past four years, midstream firms have struggled to adapt their long-standing practices and adjust their long-held expectations, which were fundamentally disrupted by the outcome of the landmark bankruptcy case, In re...more

Snell & Wilmer

Married Couple’s Acquisition of Title as Joint Tenants Does Not Rebut the Presumption of Community Property

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In re Brace, 470 P.3d 15 (Cal. 2020), a California married couple acquired real property with community funds, and took title as “husband and wife as joint tenants.” When the husband filed a chapter 7 petition in bankruptcy,...more

Nossaman LLP

Federal Bankruptcy Court Denies PG&E’s Attempt to Set Aside Inverse Condemnation Liability

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On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy...more

Patterson Belknap Webb & Tyler LLP

Deal With It: Section 1141(c) May Apply to Property not Identified in a Disclosure Statement

Under Section 1141(c) of the Bankruptcy Code, property “dealt with” in a confirmed plan is free and clear of the claims and interests of creditors, provided the holder of the claim or interest participated in the bankruptcy...more

Patterson Belknap Webb & Tyler LLP

“Free and Clear” Means You’re out of Here?

Section 365(h) of the Bankruptcy Code provides considerable protection to a tenant in the event of a bankruptcy filing by its landlord. Despite rejection of its lease, the tenant can elect to retain its rights, including the...more

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