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

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

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

Posted in Real Estate | Leave a comment

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

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

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

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

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

Posted in Financing | Tagged | Leave a comment

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

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