Monthly Archives: September 2013

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

Posted on September 27, 2013 by BankruptcyRealEstateInsights

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

Posted on September 24, 2013 by BankruptcyRealEstateInsights

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”

Posted on September 20, 2013 by BankruptcyRealEstateInsights

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?

Posted on September 17, 2013 by BankruptcyRealEstateInsights

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

Posted on September 13, 2013 by BankruptcyRealEstateInsights

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”

Posted on September 10, 2013 by BankruptcyRealEstateInsights

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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