Monthly Archives: December 2015

Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance

Baker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 784 F.3d 978 (5th Cir. 2015) – An undersecured mechanic’s lien claimant contended that it was entitled to elect to treat its claim as fully secured under Section 1111(b) of … Continue reading

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Partner Liability: Choice of Law Could Make More of a Difference Than You Might Expect

Residential Liquidating Trust v. Mortgage Investors Group, Inc. (In re Residential Capital, LLC), 527 B.R. 590 (Bankr. S.D.N.Y. 2015) – A liquidating trust sued the general partners of a partnership for claims of contractual breach by the partnership.  The partners argued … Continue reading

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Individual Debtor Exemptions: What Can You Do With a Rent-Stablized Lease?

Santiago-Monteverde v Pereira (In re Santiago-Monteverde), 780 F.3d 126 (2d Cir. 2015) – A Chapter 7 trustee sought to assume a debtor’s rent-stabilized lease so that he could sell it to the owner of the building.  In response, the debtor amended … Continue reading

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Sales Free and Clear: Does Consent Really Mean Consent?

In re Arch Hospitality, Inc., 530 B.R. 588 (Bankr. W.D.N.Y. 2015) – A Chapter 11 debtor sought bankruptcy court approval to sell a hotel free and clear of liens in a Section 363 sale.  The issues before the court ultimately turned on … Continue reading

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Non-Recourse Loans: Turning Into Recourse and Back Again

Mastan v. Salamon (In re Salamon), 528 B.R. 171 (9th Cir. BAP 2015) – The bankruptcy court disallowed the claim of a deed of trust creditor on the grounds that it was barred by the applicable state anti‑deficiency statute.  The creditor … Continue reading

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