Monthly Archives: January 2014

Authority to File Bankruptcy: What Will a Court Consider?

In re Quad-C Funding LLC, 496 B.R. 135 (Bankr. S.D.N.Y. 2013) – After a multi-member limited liability company filed a chapter 11 bankruptcy petition, one member (Crossroads) moved to dismiss the case on the basis that the filing was not properly authorized … Continue reading

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The Ivanhoe Rule: Double Recovery Is Not Permitted, But … (a/k/a Limitation-on-Dividend Approach Meets Reduction-of-Claim Approach)

In re Del Biaggio, 496 B.R. 600 (Bankr. N.D. Cal. 2012) – The creditors committee objected to proofs of claim filed by a group of unsecured lenders who had received partial payment from a non-debtor co-obligor, arguing that the claims should … Continue reading

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Mortgagee Relief: “Cause” Is In the Eye of the Beholder – Round 2

In re GEL, LLC, 495 B.R. 240 (Bankr. E.D. N.Y. 2012) – A mortgagee moved to dismiss two Chapter 11 bankruptcies that were filed by its mortgagors to prevent a scheduled foreclosure sale.  It also sought relief relating to the automatic … Continue reading

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