Monthly Archives: January 2018

Chapter 13 Debtors: Do Not Take It For Granted That a Chapter 13 Debtor Can Exercise Trustee Powers

Andrade v. Essenfeld (In re Andrade), 570 B.R. 121 (Bankr. D. Mass. 2017) – The debtor owned real estate with her brother and sister as tenants-in-common. After she filed bankruptcy, she sought authority to sell both her interests and the interests … Continue reading

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Assignment of Rents: Who Has What Interests?

Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats, LLC), 855 F.3d 721 (6th Cir. 2017) – A commercial mortgagee exercised its assignment of rents prior to bankruptcy. After it then commenced a foreclosure action, the … Continue reading

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Asset Protection: Legitimate Planning or Fraudulent Transfer Based on Actual Intent to Hinder or Delay Creditors (Who Knows)?

Wiggains v. Reed (In re Wiggains), 848 F.3d 655 (5th Cir. 2017) – A chapter 7 trustee sought to avoid a pre-petition partition of community property as a fraudulent transfer. The bankruptcy court ruled in favor of the trustee. After sale … Continue reading

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