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Chapter 9 - § 9.13 • PROTECTIONS FOR PURCHASERS IN POSSESSION OF REAL PROPERTY UNDER EXECUTORY CONTRACTS
Jurisdiction | Colorado |
§ 9.13 • PROTECTIONS FOR PURCHASERS IN POSSESSION OF REAL PROPERTY UNDER EXECUTORY CONTRACTS
The Bankruptcy Code provides that when a debtor (as seller) rejects an executory contract for the sale of real property, the purchaser, if the purchaser is in possession, may either treat the contract as terminated and file a proof of claim for pre-petition damages in the amount of the purchaser's loss of the benefit of his or her bargain, or, in the alternative, the purchaser may remain in possession of the real property. 11 U.S.C. § 365(i)(2) provides:
If such purchaser remains in possession—...
(A) such purchaser shall continue to make all payments due under such contract, but may,
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- Chapter 9 When Dirt Goes To Bankruptcy Court
- Chapter 9 - CHAPTER 9 WHEN DIRT GOES TO BANKRUPTCY COURT
- Chapter 9 - § 9.1 • INTERPLAY BETWEEN FEDERAL AND STATE LAW
- Chapter 9 - § 9.2 • TYPES OF BANKRUPTCY CASES
- Chapter 9 - § 9.3 • THE TRUSTEES AND THEIR ROLES IN 7, 12, AND 13
- Chapter 9 - § 9.4 • INTERNAL RESPONSES TO A BANKRUPTCY FILING
- Chapter 9 - § 9.5 • PROPERTY OF THE ESTATE
- Chapter 9 - § 9.6 • IMMEDIATE EFFECT OF BANKRUPTCY FILING — THE AUTOMATIC STAY
- Chapter 9 - § 9.7 • FIRST MEETINGS OF CREDITORS — 11 U.S.C. § 341
- Chapter 9 - § 9.8 • TURNOVER OF PROPERTY BY A CUSTODIAN OR RECEIVER
- Chapter 9 - § 9.9 • CLAIMS
- Chapter 9 - § 9.10 • LEASES
- Chapter 9 - § 9.11 • USE, SALE, OR LEASE OF PROPERTY
- Chapter 9 - § 9.12 • ASSIGNMENT OF RENTS
- Chapter 9 - § 9.13 • PROTECTIONS FOR PURCHASERS IN POSSESSION OF REAL PROPERTY UNDER EXECUTORY CONTRACTS
- Chapter 9 - § 9.14 • CHAPTER 11 ISSUES
- Chapter 9 - § 9.15 • EFFECT OF DISMISSAL OF A BANKRUPTCY CASE
- Chapter 9 - § 9.16 • DISCHARGE
- Chapter 9 - § 9.17 • AVOIDANCE ACTIONS
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