Monthly Archives: April 2019

Joint Tenants: The Case of The Disappearing Interest

Posted on April 24, 2019 by BankruptcyRealEstateInsights

Cohen v. Chernushin (In re Chernushin), 911 F.3d 1265 (10th Cir. 2018) – After a debtor’s postpetition death, a chapter 7 trustee brought an adversary proceeding seeking to sell a second home that had been owned by the debtor and his … Continue reading →

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Landlord Bankruptcy: A Tenant Is Not Out of Options If the Landlord Rejects Its Lease

Posted on April 17, 2019 by BankruptcyRealEstateInsights

IDEA Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC Inc.), 909 F.3d 597 (3rd Cir. 2018) – A tenant that elected to retain its rights under a commercial lease after a debtor landlord rejected the lease sought clarification … Continue reading →

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Discharge of Debt: A Seller Relying on a Buyer’s Assumption of Debt May Be Out of Luck If the Buyer Files Bankruptcy

Posted on April 10, 2019 by BankruptcyRealEstateInsights

Recanati v. Roberts (In re Roberts), 594 B.R. 484 (Bankr. N.D. Fla. 2018) – In connection with acquisition of a restaurant the debtor agreed to assume debts of the business. After the debtor filed a chapter 7 bankruptcy, the former owners … Continue reading →

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Avoiding Mortgages: What Happens When A Stranger to The Transaction Files a Discharge in Error?

Posted on April 3, 2019 by BankruptcyRealEstateInsights

Kelley v. Ocwen Loan Servicing, LLC (In re Bowers), 595 B.R. 869 (Bankr. M.D. Ga. 2018) – A chapter 7 trustee sought to avoid a security deed based on the fact that as of the petition date satisfactions of the security … Continue reading →

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