Category Archives: Financing

Continuing Perfection: Does a Mortgage Lapse During Bankruptcy If State Law Would Otherwise Require Steps to Maintain Perfection?

River Parishes Dirt & Gravel, LLC v. BankPlus (In re Willow Bend Ventures, LLC), 603 B.R. 293 (Bankr. E.D. La. 2019) – A lender’s secured claim was challenged on the basis that postpetition it failed to take steps required to maintain … Continue reading

Posted in Financing, Real Estate | Tagged , | Leave a comment

Mortgages in Foreclosure: Strategies Can Get Complicated, Particularly When Bankruptcy Is on the Horizon

In re Battershell, 603 B.R. 86 (Bankr. D. N.M. 2019) – A chapter 13 debtor objected to a proof of claim filed by a junior mortgagee. The claim included an advance used to pay off a senior mortgage that was in … Continue reading

Posted in Financing, Real Estate | Tagged , | Leave a comment

Default Interest: What Does the Plan of Reorganization Say?

UMB Bank, N.A. v Linn Energy L.L.C. (In re Linn Energy, L.L.C.), 927 F.3d 350 (5th Cir. 2019) – A lenders’ agent sought a court order directing payment of postpetition default interest, contending that this was required by the terms of … Continue reading

Posted in Financing | Tagged , | Leave a comment

Mortgage Defaults: What Is the Most Effective Path for Resolving Troubled Properties?

In re Big Dog II, LLC, 602 B.R. 64 (Bankr. N.D. Fla. 2019) – A mortgagee sought relief from the automatic stay for cause on the grounds that (1) it was not adequately protected, and (2) the debtor did not have … Continue reading

Posted in Financing, Real Estate | Tagged , | Leave a comment

Liquor License Sale Financing: Can a Creative Structure Save the Day?

Mitsuwa Corp. v Orama Hospitality Group, Ltd. (In re Orama Hospitality Group, Ltd.), 601 B.R. 340 (Bankr. D. N.J. 2019) –

Posted in Financing | Tagged , | Leave a comment

Drafting Errors: The Importance of Proofreading Cannot Be Overestimated

Scott v. U.S. Bank N.A. (In re Scott), 600 B.R. 506 (Bankr. W.D. Pa. 2019) – A stipulation between the debtor and a mortgagee misstated the original principal amount of the mortgage debt. Eventually the debtor sought to enforce the stipulation, … Continue reading

Posted in Financing | Tagged | Leave a comment

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

Posted in Financing | Tagged , , | Leave a comment