Category Archives: Financing

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

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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) –

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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

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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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Sheriff’s Fees: Surprise, a Commission May Be Due for a Foreclosure Sale That Did Not Take Place

Dobin v. Golden (In re Smith), 599 B.R. 266 (Bankr. D. N.J.) – A chapter 7 trustee brought an adversary proceeding objecting to (1) a claim filed by a sheriff for a commission based on a prebankruptcy foreclosure sale that does … Continue reading

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Reverse Mortgages: Can A Reverse Mortgage Loan Be Reinstated?

Reverse Mortgage Solutions, Inc. v. Nunez, 598 B.R. 876 (S.D. Fla. 2019) – A debtor filed a chapter 13 plan that proposed to cure defaults under a reverse mortgage by paying unpaid taxes and insurance. The mortgagee objected, arguing that because … Continue reading

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