Category Archives: Financing

Single Asset Real Estate Cases: 0 Is Less Than 4 – Or Is It?

Posted on April 20, 2016 by BankruptcyRealEstateInsights

In Re Kachina Village, LLC, 538 B.R. 124 (Bankr. D. N.M. 2015) – A creditor sought to have its collateral designated as “single asset real estate” in order to trigger certain special protections relating to the automatic stay. The court’s … Continue reading →

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

Rents: The Battle Over Use of Rents to Pay Professionals

Posted on March 22, 2016 by BankruptcyRealEstateInsights

Wolf v. Firstmerit Bank, N.A. (In re Wolf), 535 B.R. 772 (N.D. Ill. 2015) – Chapter 11 debtors filed a motion to allow them to use rents to pay their professional fees over the objection of a bank that held … Continue reading →

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

Foreclosure Effects: Beware of State Laws

Posted on March 16, 2016 by BankruptcyRealEstateInsights

In re Anthony, 534 B. R. 834 (Bankr. M.D. Fla. 2015) – A debtor objected to a mortgage debt on the basis that the mortgage lien was invalid due to the mortgagee’s delay in foreclosing. The court held that the … Continue reading →

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

Default Interest: Do Not Take Enforceability for Granted

Posted on February 24, 2016 by BankruptcyRealEstateInsights

Default Interest: Do Not Take Enforceability for Granted Bowles Sub Parcel A, LLC v. Wells Fargo Bank, N.A. (In re Bowles Sub Parcel A, LLC), 790 F.3d 897 (8th Cir. 2015) – The chapter 11 debtors obtained prepetition CMBS loans … Continue reading →

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

Chapter 13 Plan: How to Really Get Rid of Unwanted Property

Posted on February 17, 2016 by BankruptcyRealEstateInsights

In re Zair, 535 B.R. 15 (Bankr. E.D.N.Y. 2015) – The debtors proposed a chapter 13 plan providing that certain real property was to be surrendered to the mortgagees and title to the property was to vest in the first … Continue reading →

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

Loan Assignment: Surprise – A Successor Lender May Step into Only One Shoe

Posted on January 27, 2016 by BankruptcyRealEstateInsights

New Products Corp. v. Tibble (In Re Modern Plastics Corp.), 534 B.R. 723 (Bankr. W.D. Mich. 2015) – The assignee of a mortgage lender sued a former Chapter 7 trustee and his surety for claims based on breach of fiduciary duty. … Continue reading →

Posted in Financing | Tagged , | Leave a comment