Monthly Archives: January 2013

Foreclosure: Will a Last Minute Sale Survive?

In re Cook, 481 B.R. 265 (Bankr. N.D.N.Y. 2012) – A couple of hours before the Cooks filed a chapter 13 bankruptcy case, their home was sold at a foreclosure sale as the final step in a foreclosure of the first … Continue reading

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Mortgagees Beware: Stay Relief Does Not Mean You Are Home Free

Trauner v. State Bank & Trust Co. (In re Solid Rock Development Corp.), 481 B.R. 221 (Bankr. N.D. Ga. 2012) – A lender obtained relief from the automatic stay in a bankruptcy so that it could proceed with foreclosure of … Continue reading

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Prepetition Post-Default Rents: Who Gets the Cash – Round 2?

In re Prospect Studios, L.P., 478 B.R. 367 (Bankr. W.D. Mo. 2012) – In Prospect Studios, the law firm representing a chapter 11 debtor requested court authority to apply a prepetition retainer to payment of its fees.  Since the source of … Continue reading

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