Monthly Archives: July 2018

UCC Terminations: An “Oops” Filing Can Be Fatal

Posted on July 25, 2018 by BankruptcyRealEstateInsights

Crop Production Services, Inc. v. Wheeler (In re Wheeler), 580 B.R. 719 (Bankr. W.D. Ky. 2017) – A chapter 7 debtor was a farmer who obtained various loans for equipment and land and to put crops in the field. One of … Continue reading →

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Chapter 13 Plan Forced Vesting: If There Is No Objection And A Plan Is Confirmed, The Matter Is Settled Whether The Law Is Or Not

Posted on July 18, 2018 by BankruptcyRealEstateInsights

In re Peterson, 581 B.R. 789 (Bankr. D. Md. 2018) – A chapter 13 debtor confirmed a plan that provided for surrender of her condominium unit to secured creditors. After confirmation, the condominium association sought relief from the automatic stay to … Continue reading →

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Manufactured Home Loans: Deciding Whether the Chapter 13 Anti-Modification Provision Applies Can Be A Vexatious Issue

Posted on July 11, 2018 by BankruptcyRealEstateInsights

The Paddock, LLC v. Bennett (In re Bennett), 584 B.R. 15 (8th Cir. B.A.P. 2018) – The debtors proposed a chapter 13 plan that modified the rights of a creditor whose claim was secured by their manufactured home. The creditor objected … Continue reading →

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Bankruptcy Sales: A “Free and Clear” Sale Does Not Necessarily Mean That the Buyer Goes Scot-Free

Posted on July 4, 2018 by BankruptcyRealEstateInsights

In re Gawker Media LLC, 581 B.R. 754 (Bankr. S.D.N.Y. 2017) – A purchaser of substantially all of the debtors’ assets sought to enforce the “free and clear” language in the bankruptcy court sales order by asking the bankruptcy court to … Continue reading →

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