Monthly Archives: July 2013

Annulling the Automatic Stay: When Is Retroactive Relief Available?

In re Benchmark Capital, Inc., 490 B.R. 566 (Bankr. E.D. Tenn. 2013) – Unbeknownst to a foreclosing creditor, the personal representative of the deceased sole shareholder of a corporation that had been administratively dissolved more than a decade ago filed a … Continue reading

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Friendly Creditor: On What Basis Can a Plan Vote Be Disregarded?

In re Marble Cliff Crossing Apartments, LLC, 485 B.R. 849 (Bankr. S.D. Ohio 2013) – A secured creditor (MTGLQ) challenged the votes of another creditor that purchased claims on the grounds that either (1) the creditor should be treated as an … Continue reading

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