Category Archives: Financing

Discharge Injunction: Secured Claims Can Ride through Bankruptcy Without Regard to a Discharge

Posted on January 20, 2016 by BankruptcyRealEstateInsights

Fonseca v. Gov’t. Employees Ass’n. (In re Fonseca), 534 B.R. 261 (Bankr. D. P.R. 2015) – An individual Chapter 7 debtor sued the Puerto Rico Government Employees Association (AEELA) alleging that it violated the discharge injunction. AEELA made a prepetition loan … Continue reading →

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UCC Financing Statements: The Ins and Outs of “Authorization”

Posted on January 13, 2016 by BankruptcyRealEstateInsights

Official Committee of Unsecured Creditors of the Adoni Group, Inc. v. Capital Business Credit, LLC (In re The Adoni Group, Inc.), 530 B.R. 592 (Bankr. S.D.N.Y. 2015) – A creditors’ committee claimed that a financing statement was void, so that the … Continue reading →

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Discharge Injunction: There May Be More Nuances Than You Think

Posted on January 6, 2016 by BankruptcyRealEstateInsights

Botson v. Citizens Banking Co. (In re Botson), 531 B.R. 719 (Bankr. N.D. Ohio 2015) – After a secured creditor refused to terminate a UCC‑1 financing statement and filed a UCC‑3 continuation statement instead, individual Chapter 7 debtors sued the creditor alleging … Continue reading →

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Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance

Posted on December 30, 2015 by BankruptcyRealEstateInsights

Baker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 784 F.3d 978 (5th Cir. 2015) – An undersecured mechanic’s lien claimant contended that it was entitled to elect to treat its claim as fully secured under Section 1111(b) of … Continue reading →

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Non-Recourse Loans: Turning Into Recourse and Back Again

Posted on December 2, 2015 by BankruptcyRealEstateInsights

Mastan v. Salamon (In re Salamon), 528 B.R. 171 (9th Cir. BAP 2015) – The bankruptcy court disallowed the claim of a deed of trust creditor on the grounds that it was barred by the applicable state anti‑deficiency statute.  The creditor … Continue reading →

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Individual Debtor Discharge: Does “See No Evil, Hear No Evil” Work?

Posted on November 19, 2015 by BankruptcyRealEstateInsights

Sullivan v. Glenn, 782 F.3d 378 (7th Cir. 2015) – A creditor sought to have its debt excepted from discharge because he advanced funds to the debtors in reliance on fraudulent misrepresentations. The bankruptcy court found in favor of the debtors, … Continue reading →

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