Monthly Archives: March 2014

Potential Sale of Jointly Owned Property: Practicable Partition Is Somewhere Between Possible and Practical

Higgason v. Brown (In re Brown), 506 B.R. 446 (Bankr. E.D. Ky. 2014) – A chapter 7 debtor owned real estate jointly with three other people as tenants in common. The chapter 7 trustee sought court approval to sell the entire property, … Continue reading

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Impact of Lis Pendens: More Questions Than Answers

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Co. (In re Ute Mesa Lot 1, LLC), 736 F.3d 947 (10th Cir. 2013) – A chapter 11 debtor filed an adversary proceeding against its construction lender seeking to avoid as … Continue reading

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Lease Assumption (and Rejection): It Ain’t So Until the Court Says So

In re Upper Crust, LLC, 502 B.R. 1 (Bankr. D. Mass. 2013) – In a bankruptcy case that was converted from chapter 11 to chapter 7, a landlord sought immediate payment or administrative priority for postpetition rents and rejection damages.  The trustee objected … Continue reading

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Mortgagee Stay Relief: Wending a Path Through Adequate Protection and Dragnet Clauses

Magnolia Portfolio, LLC v. Dye (In re Dye), 502 B.R. 47 (Bankr. M.D. Pa. 2013) – A mortgagee sought relief from the automatic stay in order to pursue its state law remedies against properties securing seven defaulted loans.  The chapter 11 debtors … Continue reading

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Sale Contract for Mineral Interests: Speak Early and Often, Or Forever Hold Your Peace

Davis v. Dunmore Properties, Inc. (In re Davis), 503 B.R. 609 (Bankr. M.D. Pa. 2013) – After confirmation of their chapter 13 plan, two chapter 13 debtors filed motions for summary judgment seeking to reject a contract for sale of their mineral rights … Continue reading

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Default Interest: Is a Mortgagee Entitled to Collect the Contract Rate, or Must It Be Reasonable?

In re Haldes, 503 B.R. 441 (Bankr. N.D. Ill. 2013) – An oversecured mortgagee’s proof of claim included default interest for the period from the date of the bankruptcy filing through confirmation of a plan of reorganization.  The debtor argued that … Continue reading

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Environmental Enforcement: Sometimes Bankruptcy Provides a Respite, and Sometimes It Doesn’t

In re Edison Mission Energy, 502 B.R. 830 (Bankr. N.D. Ill. 2013) – Pre-bankruptcy the Sierra Club filed a citizen suit complaint with the Illinois Pollution Control Board (IPCB) against a power company requesting penalties and an order requiring it to … Continue reading

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