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Resources for Online Real Estate Courses By: Jeff Lakie: You've made the decision to move ahead in the real estate world and get your real estate license through an online cou... Matt Norman is the founder of Easy Distance Learning a website p... A Real Estate Investing Primer By: Adem Hamidovic: There are a great many books and web sites devoted to real estate investing out there, but most of them concentrate on... of investing. It's often hard to find a general description of real estate investing, one that lists the various real ... 7 Marketing Methods for Real Estate Coaches By: Joanne Victoria: You shower, shampoo, dress your best, check to see if you have plenty of business cards, drive about an hour, introduc... are endless.2. If part of your marketing plan is speaking presentations, you could also get yourself a free booking at ... Welcome to Pro Real Estate Software! By: Oliver Webber: Pro-Real-Estate-Software.com is aimed at providing information on real estate software programs for real estate agents... on the most frequently asked questions regarding real estate software. We tried to answer the question to help you take... Joint Ventures In Real Estate Development; So How Do They Work? By: Colm Dillon: There are many reasons why you would consider joining with another person to undertake a development project in Joint... society and are doing them an honor even to talk to them.To be a successful agent these days you have to be very good. ... Real Estate Bankruptcy Sajjad AhmadAlthough real estate bankruptcy cases no longer dominate the bankruptcy courts' dockets as they did in the early nineties, but they continue to be filed with great frequency in UK. At its essence, the real estate bankruptcy is a two party dispute between mortgagee and mortgagor. Real estate bankruptcy cases are typically filed after a foreclosure sale has been set. Upon learning of the bankruptcy filing, a secured creditor has a number of available options, all or some of which should be exercised, depending on the facts of the case, to maximize loan recovery. A lender can ask the court to dismiss the bankruptcy case as a "bad faith" filing. A creditor asserting bad faith must prove the subjective bad faith of the debtor and that any reorganization by the debtor is objectively futile. For subjective bad faith, the court will examine whether the debtor invoked the protections of the Bankruptcy Code without either the intention or ability to reorganize its financial affairs. To determine objective futility, the court will examine whether there is indeed a "going concern" to preserve and whether there is any realistic chance for the debtor to reorganize. Most courts require a very strong showing to dismiss a case for bad faith at the outset of a case. Under the Bankruptcy Code a motion for relief from stay will also be granted where the secured creditor can prove that there is no equity in the real property over and above the secured claims, and that the property is not necessary to the debtor's effective reorganization. This basis for relief is typically alleged as an alternative to bad faith, in the same motion. Almost all controversies surround the value of the real property, making the expert report and testimony of a licensed real estate appraiser essential to the successful prosecution of a motion for relief from the automatic stay on these grounds. The same factors relied upon to support objective futility in the bad faith filing analysis are used to establish that the property is not necessary to an effective reorganization. An alternate ground for relief from the automatic stay is lack of adequate protection of the secured creditor's interest in the property. For example, if the real property is deteriorating in value and the lender is not receiving post-petition payments, the lender's security interest in the property is not adequately protected. A creditor holding a properly perfected assignment of rents has a lien on "cash collateral" under the Bankruptcy Code. If the assignment of rents was properly perfected pre-petition, it usually attaches to the post-petition rents generated by the debtor's real property. A debtor may not use cash collateral without either a court order or the consent of the secured creditor. While it is common in nonsingle asset realty cases for a debtor to negotiate a cash collateral agreement with the secured creditor before filing for bankruptcy, in single asset real estate cases, which are typically filed at the eleventh hour for the express purpose of stopping a foreclosure, such negotiations are virtually nonexistent. Unless, within the first day or two of the case, the debtor requests a cash collateral agreement with the lender, or files a motion with the court to authorize the debtor's use of post-petition rents, a lender should immediately advise the debtor in writing that it may not use cash collateral absent an agreement. If an agreement is not reached, the debtor will usually petition the court for authorization on an emergency basis. The lender can also petition the court to deny authorization on the basis that the debtor lacks the ability to adequately protect its interests in the rents. In the final analysis, most secured creditors share the same objective when faced with a real estate case: to extract their collateral, including rents, from the bankruptcy as quickly and inexpensively as possible. Writer of this article is working as a webmaster of www.ukadvice.com. Also writes business related articles for different article sites. For further details and free bankruptcy advice: Naylor Parkes Associates Ltd. Lawford House, Lawford Close Birmingham B7 4HJ West Midlands United Kingdom. http://www.ukadvice.com webmaster@ukadvice.com 
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