Monthly Archives: September 2013

Property Transfers: What Goes On In Probate Court Stays In Probate Court – Wrong

Baldiga v. Golemo (In re Golemo), 494 B.R. 588 (Bankr. D. Mass. 2013) – A chapter 7 trustee sought to use his strong-arm powers to avoid the transfer of several properties from the debtor to his ex-wife pursuant to an unrecorded prepetition … Continue reading

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Repossession: Just Because You Have A Legal Right To Recover Assets Doesn’t Mean It Is Going To Be Easy

Alexander v. Hedback, 718 F.3d 762 (8th Cir. 2013) – After extended litigation regarding the rights of two Chapter 7 debtors, the bankruptcy court ordered that two bankruptcy trustees were entitled to possession of the debtors’ home and authorized the U.S. … Continue reading

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Cramdown Plan of Reorganization: “Dirt-For-Debt”

In re Investors Lending Group, LLC, 489 B.R. 307 (Bankr. S.D. Ga. 2013) – The treatment of a bank’s claim under a Chapter 11 plan of reorganization became the last issue that required resolution in order to confirm the proposed plan.  … Continue reading

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Fractional Remainder Interest: Sale Will Thwart Grantor’s Estate Planning Objectives – Who Cares?

In re Corse, 486 B.R. 241 (Bankr. D.R.I. 2013) – The chapter 7 trustee in an individual debtor case asked for court approval to sell the debtor’s one-quarter remainder interest in a residential property.  The debtor’s mother, who had transferred the … Continue reading

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Trying to Protect Crop Sale Claims: Title Retention Does Not Help

In re Wezbra Dairy, LLC, 493 B.R. 768 (Bankr. N.D. Ind. 2013) – Crop farmers grew corn for use as feed for the debtor’s dairy herd and then stored the corn in bunkers on the debtor’s property under a license from … Continue reading

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Title Insurance Claims: What Happens When “Push Comes to Shove”

Henderson v. Cmty. Bank of Mississippi (In re Evans), 492 B.R. 480 (Bankr. S.D. Miss. 2013) – An individual (Evans) together with thirteen entities he controlled filed bankruptcy.  In the context of an adversary proceeding brought by a chapter 7 trustee to … Continue reading

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Loss Mitigation Program: Sooner Or Later a Court May Lose Patience With a Dilatory Mortgagee

In re Bambi, 492 B.R. 183 (Bankr. S.D.N.Y. 2013) – The Bankruptcy Court for the Southern District of New York has adopted Loss Mitigation Program Procedures to facilitate negotiation in cases where individual debtors are in danger of losing their homes … Continue reading

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