Monthly Archives: September 2019

Rents: What Happens to Unclaimed Rents Collected from Property That Is Abandoned?

In re Pena, 600 B.R. 415 (9th Cir. BAP 2019) – Well over a year after a bankruptcy case was closed, the debtor filed an application with the bankruptcy court seeking to recover unclaimed rent from deed of trust property that … Continue reading

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Marijuana: Should a Plan “Go up in Smoke” Because a Debtor’s Tenant Operates a Marijuana Establishment?

Garvin v. Cook Investments NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir. 2019) – The U.S. trustee objected to a chapter 11 plan of reorganization proposed by a group of real estate holding companies on the grounds that a tenant of … Continue reading

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Bankruptcy Sale: Maximizing Bankruptcy Estate Assets Trumps Contractual Obligations

Gluckstadt Holdings, L.L.C. v. VCR I, L.L.C. (In re VCR I, L.L.C.), 922 F.3d 323 (5th Cir. 2019) – The bankruptcy court granted a Chapter 7 trustee’s motion to approve holding a public auction and selling property of the debtor free … Continue reading

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Agricultural Liens: Better Figure out the Right i’s To Dot and t’s to Cross

Fishback Nursery, Inc. v. PNC Bank, N. A., 920 F.3d 932 (5th Cir. 2019) – In this priority dispute two nurseries sold trees and shrubs to a commercial wholesale farm that went bankrupt. They claimed their agricultural liens in the debtor’s … Continue reading

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