Monthly Archives: September 2016

Chapter 13 Plan: How to Really Get Rid of Unwanted Property … Or Maybe Not

Posted on September 28, 2016 by BankruptcyRealEstateInsights

HSBC Bank USA, N.A. v. Zair, 550 B.R. 188 (Bankr. E.D. N.Y. 2016) – The debtors proposed a chapter 13 plan that provided for surrendering real property to the first mortgagee, with title to the property vesting in the mortgagee … Continue reading →

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Deemed Lease Rejection: Nothing Says That the Bankruptcy Code Must Make Sense

Posted on September 21, 2016 by BankruptcyRealEstateInsights

In re Hyegu Cho, 550 B.R. 152 (Bankr. D. Me. 2016) – A landlord moved for relief from the automatic stay in a chapter 13 case. It contended that the lease was a commercial lease that was deemed rejected because … Continue reading →

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Mortgagor Claims: If At First You Don’t Succeed, Try, Try Again

Posted on September 14, 2016 by BankruptcyRealEstateInsights

In re Jepson v. Bank of New York Mellon, 816 F.3d 942 (7th Cir. 2016) – A creditor requested modification of the automatic stay so that it could proceed with a foreclosure action. The debtor opposed the motion and sought … Continue reading →

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Leases: Prebankruptcy Termination May Not Mean That the Landlord Is Out Of the Woods

Posted on September 7, 2016 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors v. T.D. Investments I, LLP (In re Great Lakes Quick Lube LP), 816 F.3d 482 (7th Cir. 2016) – A chapter 11 debtor relinquished 2 leases prior to filing bankruptcy. The unsecured creditors’ committee sought … Continue reading →

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