Category Archives: Financing

Single Asset Real Estate Case: How Single is Single?

Posted on November 1, 2013 by BankruptcyRealEstateInsights

In re Yishlam, Inc., 495 B.R. 328 (Bankr. S.D. Tex. 2013) – The debtor owned units in two apartment buildings.  Shortly after it filed bankruptcy, its mortgage lender sought a determination that it was a “single asset real estate” debtor under … Continue reading →

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Post-Petition Interest and Subordination: The Rule of Explicitness Lives (and Drafting Matters)

Posted on October 29, 2013 by BankruptcyRealEstateInsights

Silver Point Finance, LLC v. Deutsche Bank Trust Company Americas (In re K-V Discovery Solutions, Inc.), 496 B.R. 330 (Bankr. S.D.N.Y. 2013) – Based on a subordination agreement, senior secured noteholders contended that they were entitled to receive payment of post-petition … Continue reading →

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Original Issue Discount Claim: Maybe It’s Allowed, And Maybe It’s Not

Posted on October 15, 2013 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC), 495 B.R. 250 (Bankr. S.D. N.Y. 2013) – An unsecured creditors committee brought an action against an indenture trustee and collateral agent (a) seeking to recharacterize a … Continue reading →

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Foreclosure: Is A National Bank Authorized to Foreclose Non-Judicially In Arkansas?

Posted on October 11, 2013 by BankruptcyRealEstateInsights

JPMorgan Chase Bank, N.A. v. Johnson, 719 F.3d 1010 (8th Cir. 2013) – The 8th Circuit considered the issue of whether a national bank is “authorized to do business” in Arkansas, as required by a state statute in order to proceed … Continue reading →

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Financial Institution Payments: When Is A Preference Not A Preference?

Posted on October 8, 2013 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Ins. Co. (In re Quebecor World (USA) Inc.), 719 F.3d 94 (2d Cir. 2013) – Shortly before filing bankruptcy, the debtor made a ~$376 million payment to a … Continue reading →

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Of Auction Sales and Fees: Going, Going, Going … Not Gone

Posted on October 4, 2013 by BankruptcyRealEstateInsights

Garden v. Central Nebraska Housing Corp., 719 F.3d 899 (8th Cir. 2013) – A secured party obtained relief from the automatic stay to allow the trustee under a deed of trust to sell a farm.  The secured party contended that (i) … Continue reading →

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