Monthly Archives: July 2017

PACA Claims: Beware of PACA Trusts Providing Special Protection to Perishable Agricultural Commodities Sellers

Posted on July 26, 2017 by BankruptcyRealEstateInsights

S & H Packing & Sales Co., Inc. v. Tanimura Distrib., Inc. (In re Tanimura, Distrib., Inc.), 850 F.3d 446 (9th Cir. 2017) – Produce growers who sold to a debtor/distributor on credit sued a factoring agent that acquired accounts … Continue reading →

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Foreclosure Sales: Strong Arm Powers and the Subtleties of State Law

Posted on July 19, 2017 by BankruptcyRealEstateInsights

Weiss v. U.S. Bank, N.A. (In re Mularski), 565 B.R. 203 (Bankr. D. Mass. 2017) – A chapter 7 trustee sought to avoid a prepetition transfer of property resulting from a mortgage foreclosure sale. The mortgagee argued that the completed … Continue reading →

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Secured Claim Cramdown: You Can Try Fighting, But Is It Worth It?

Posted on July 12, 2017 by BankruptcyRealEstateInsights

RGW Properties of Beaver County, Inc., 564 B.R. 489 (Bankr. W.D. Pa. 2017) – A Chapter 11 debtor sought confirmation of its plan of reorganization over the objection of its primary secured creditor. The mortgagee argued that (1) the property … Continue reading →

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Chapter 13 Residential Mortgages: Anti-Modification Round 3

Posted on July 5, 2017 by BankruptcyRealEstateInsights

In re Hueramo, 564 B.R. 604 (Bankr. N.D. Ill. 2017) – A chapter 13 debtor proposed a plan that bifurcated an undersecured mortgage loan into a secured claim and an unsecured claim. The mortgagee objected and moved for relief from … Continue reading →

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