Monthly Archives: August 2013

Plan Options and the Absolute Priority Rule: What Is the Difference Between an Individual and an Entity Debtor (If Any)?

Posted on August 30, 2013 by BankruptcyRealEstateInsights

In re Lively, 717 F.3d 406 (5th Cir 2013) – An individual debtor that ended up in chapter 11 bankruptcy after his debts exceeded the chapter 13 limits proposed a plan of reorganization that allowed him to keep all of his … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Misrepresentations to a Mortgagee: Does Assignment of a Loan Constitute a Get Out Of Jail Free Card for Fraud?

Posted on August 27, 2013 by BankruptcyRealEstateInsights

Pazdzierz v. First Am. Title Ins. Co., 718 F.3d 582 (6th Cir. 2013) – First American Title Insurance Company (First American) contended that an individual debtor should not receive a discharge for several mortgage loans based on false statements he made … Continue reading →

Posted in Financing, Real Estate | Tagged | Leave a comment

Standing to Appeal Sale: “Person Aggrieved” Is In the Eye of the Beholder

Posted on August 23, 2013 by BankruptcyRealEstateInsights

Gentile v. DeGiacomo (In re Gentile), 492 B.R. 580 (1st Cir. BAP 2013) – A chapter 7 trustee sought c0urt approval to sell several investment properties.  The debtors objected, arguing that the sales should be suspended until a pending state court appeal … Continue reading →

Posted in Bankruptcy Sales, Real Estate | Tagged , | Leave a comment

Property Tax Interest Rate: Does “Nonbankruptcy Law” Include Law Specifically Limited to Bankruptcy?

Posted on August 20, 2013 by BankruptcyRealEstateInsights

In re Fowler, 493 B.R. 148 (Bankr. E.D. Cal. 2012) – A chapter 13 debtor had two secured creditors:  a bank that held a deed of trust on the debtor’s residence, and a county that had a lien on the residence … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Fraudulent Transfer: “Reasonably Equivalent Value” Meets the Internal Revenue Code

Posted on August 16, 2013 by BankruptcyRealEstateInsights

Crumpton v. Stephens (In re Northlake Foods, Inc.), 715 F.3d 1251 (11th Cir. 2013) – The trustee of a distribution trust (created under a debtor’s confirmed chapter 11 plan of reorganization) sought to recover a dividend paid to a shareholder as a … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Fraudulent Transfer: “Reasonably Equivalent Value” Meets Debt Recharacterization

Posted on August 13, 2013 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors v. Hancock Park Capital II, L.P. (In re Fitness Holdings International, Inc.), 714 F.3d 1141 (9th Cir. 2013) – A chapter 11 unsecured creditors’ committee sought to recover payments made to the debtor’s shareholder as a fraudulent … Continue reading →

Posted in Financing | Tagged , , | Leave a comment