Monthly Archives: December 2018

Valuing a Secured Claim: Who Knew That Retail Price Could Be So Elusive

21st Mortgage Corp. v. Glenn (In re Glenn), 900 F.3d 187 (5th Cir. 2018) – In valuing a mobile home for purposes of determining the amount of a secured claim for a chapter 13 plan, the bankruptcy court declined to include … Continue reading

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Plan Enforcement: Beware of Advisory Opinions

In re Cubic Energy, Inc., 587 B.R. 849 (Bankr. D. Del. 2018) – Two nondebtor parties sought a bankruptcy court order interpreting and enforcing provisions in a confirmed plan of reorganization that addressed certain litigation and barred further claims. The court … Continue reading

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Mortgage Preference: Dilly-Dally Around with Recording and You May Lose

USAA Fed. Sav. Bank v. Hope, 589 B.R. 914 (M.D. Ga. 2018) – A bankruptcy trustee sought to avoid a security deed granted to a refinancing lender as a preference. In defense the lender asserted that there was a substantially contemporaneous … Continue reading

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Delinquent Property Tax Sales and the Equity of Redemption: When Is Property Really, Really, Really Gone?

Reverend C.T. Walker Housing Dev. Fund Corp. v City of N.Y., 586 B.R. 534 (E.D.N.Y. 2018) – A bankruptcy court denied a debtor’s motion to sell real property and granted a motion for relief from the automatic stay in a related … Continue reading

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