Monthly Archives: June 2016

Plan Voting: Insiders – Do You Know One When You See One?

U.S. Bank N.A. v The Village at Lakeridge, LLC (In re The Village at Lakeridge, LLC), 814 F.3d 993 (9th Cir. 2016) – A secured creditor filed a motion to designate an unsecured creditor’s claim and disallow the creditor’s vote … Continue reading

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Chapter 11 Bankruptcy Sale: So Who Needs a Plan of Reorganization Anyway?

In re Tempnology, LLC, 542 B.R. 50 (Bankr. D. N.H.) – After lining up a stalking horse bidder and holding on auction, a chapter 11 debtor sought court approval of a sale of substantially all of its assets prior to … Continue reading

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Consumer Foreclosure: Lawyers May Need to Tread Lightly

Jackson v ING Bank, FSB (In re Jackson), 545 B.R. 62 (Bankr. D. Mass 1916) – A chapter 13 debtor sued a mortgagee’s law firm asserting various claims based on the firm’s attempts to exercise remedies in connection with a … Continue reading

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Bankruptcy Appeal: Jumping Through Hoops for Standing

In re Terry, 543 B.R. 173 (E.D. Pa. 2015) – The bankruptcy court approved a settlement between the debtor and a tax sale purchaser of debtor’s real estate and confirmed the debtor’s chapter 13 plan, with the result that the … Continue reading

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Discharge Injunction: Maybe It Works, and Maybe It Doesn’t

In re Sanchez, 545 B.R. 55 (Bankr. D.N.M. 2016) – Chapter 7 debtors reopened their bankruptcy case so that they could file a motion seeking sanctions against a trash collector for violating the discharge injunction. The court found that there … Continue reading

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