Monthly Archives: January 2015

Real Estate Cases: You May Want to Think Twice Before You File

Posted on January 30, 2015 by BankruptcyRealEstateInsights

Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  – A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It … Continue reading →

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

Real Estate Cases: Bad Faith Filing Does Not Necessarily Mean That You Are A Bad Person

Posted on January 27, 2015 by BankruptcyRealEstateInsights

In re Sterling Bluff Investors, LLC, 515 B.R. 902 (Bankr. S.D. Ga. 2014) – A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay.  It contended that the debtor filed … Continue reading →

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

Post-Confirmation: Ignoring Court Orders Is Not A Good Idea

Posted on January 23, 2015 by BankruptcyRealEstateInsights

In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) – The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans.  When the servicer for some of the loans continued to ignore the terms of … Continue reading →

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

Bankruptcy Sales: “It Ain’t Over ’Til It’s Over”

Posted on January 20, 2015 by BankruptcyRealEstateInsights

Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) – Two companies that acquired assets in a bankruptcy auction moved to reopen the case to clarify ambiguities in the … Continue reading →

Posted in Bankruptcy Sales | Tagged , | Leave a comment

Proof of Claim: Foreign Qualification Requirements May Be More Important Than You Thought

Posted on January 16, 2015 by BankruptcyRealEstateInsights

In re Flex Fin. Holding Co., 518 B.R. 891 (Bankr. D. Kan. 2014) – A landlord filed a proof of claim for ~$1.34 million for a debtor’s prepetition breach of its lease.  The debtor objected based on the landlord’s failure to qualify … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

UCC Collateral Description: More May Not Be Better

Posted on January 13, 2015 by BankruptcyRealEstateInsights

Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.), 519 B.R. 586 (Bankr. W.D.N.Y. 2014) – A chapter 7 trustee sought to recover as preferences payments made by the debtor to a lender and proceeds of collateral liquidation received by … Continue reading →

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