Monthly Archives: June 2018

Pre-Bankruptcy Lease Termination for Default: Will That Allow the Landlord to Escape Bankruptcy?

Posted on June 27, 2018 by BankruptcyRealEstateInsights

In re Chase Monarch Int’l. Inc., 581 B.R. 715 (Bankr. D Puerto Rico 2017) – A landlord sought immediate surrender of commercial leased premises on the basis that the lease was terminated prior to bankruptcy so that the debtor had no … Continue reading →

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Chapter 7 Sale: Debtor Out of Luck Unless Property Is Abandoned

Posted on June 20, 2018 by BankruptcyRealEstateInsights

In re Mejia, 576 B.R. 464 (Bankr. S.D.N.Y. 2017) – A chapter 7 debtor sought bankruptcy court approval to sell property in a section 363 sale. The trustee filed an untimely objection on the grounds that a chapter 7 debtor must … Continue reading →

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Disallowed Claims and Lien Stripping: Plain English May Not Be Sufficient to Win the Day

Posted on June 13, 2018 by BankruptcyRealEstateInsights

Kohout v. Nationstar Mortgage, LLC, 576 B.R. 290 (N.D.N.Y. 2017) – Chapter 13 debtors sought to avoid a mortgage lien after the claim was disallowed on procedural grounds. The bankruptcy court found in favor of the mortgagee and the debtors appealed … Continue reading →

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Delinquent Property Tax Sales: What Rights Does a Tax Sale Purchaser Have?

Posted on June 6, 2018 by BankruptcyRealEstateInsights

Encore Assets, LLC v. Woodley (In re Woodley), 579 B.R. 630 (Bankr. N.D. Ga. 2017) – A chapter 13 debtor proposed to pay a prepetition property tax sale purchaser the statutory redemption amount over time. The purchaser objected, contending that the … Continue reading →

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