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Strategy for the Secured Creditor in a Single Asset Real Estate Case |
September 16, 2009
Previously published by The Bankruptcy Strategist on April 2009
In this article, William Hawkins examines Bankruptcy Code § 362(d)(3), which provides unique grounds for relief from the automatic stay in bankruptcy by permitting a creditor secured by a debtor's "single asset real estate" to pursue an act against the property as early as 90 days after the case's filing. He discusses how to take full advantage of this provision, however, also warns that secured creditors should carefully manage the dual time frames set forth in this Bankruptcy Code section.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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