Category Archives: Financing

Equitable and Mandatory Subordination: The Disappearing Claim

Posted on July 19, 2013 by BankruptcyRealEstateInsights

NTP Marble, Inc. v. Papadopoulos (In re NTP Marble, Inc.), 491 B.R. 208 (Bankr. E.D. Pa. 2013) – Prior to bankruptcy, a claimant obtained a $4 million judgment, which supposedly represented one-third of the value of the debtor’s business.  The debtor filed … Continue reading →

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Strong Arm Powers: What Happens When a Mortgage Is Avoided – Does It Go Poof?

Posted on July 16, 2013 by BankruptcyRealEstateInsights

DeGiacomo v. Traverse (In re Traverse), 45 B.R. 815 (1st Cir. B.A.P. 2013) – A chapter 7 trustee sought to avoid an unrecorded first mortgage on the debtor’s property and to preserve the mortgage lien for the benefit of the bankruptcy estate.  … Continue reading →

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Pre-Bankruptcy Stay Waiver: Who Cares, It’s Not Enforceable Anyway – Right?

Posted on July 12, 2013 by BankruptcyRealEstateInsights

In Re 4848, LLC, 490 B.R. 343 (Bankr. E.D. Wis. 2013) – The debtor had entered into a forbearance agreement with its mortgage lender that included a stipulation that the lender would be entitled to relief from the automatic stay if … Continue reading →

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Annulling the Automatic Stay: When Is Retroactive Relief Available?

Posted on July 9, 2013 by BankruptcyRealEstateInsights

In re Benchmark Capital, Inc., 490 B.R. 566 (Bankr. E.D. Tenn. 2013) – Unbeknownst to a foreclosing creditor, the personal representative of the deceased sole shareholder of a corporation that had been administratively dissolved more than a decade ago filed a … Continue reading →

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Credit Bid: “This Is Not Rocket Science”

Posted on June 28, 2013 by BankruptcyRealEstateInsights

Fire Eagle L.L.C. v. Bischoff (In re Spillman Dev. Group Ltd.), 710 F.3d 299 (5th Cir. 2013) – A bank made loans to the debtor to finance construction of a golf course.  The loans were secured by senior liens on the … Continue reading →

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Artificial Impairment of Claims: Can The Tail Wag The Dog in Confirming a Plan?

Posted on June 25, 2013 by BankruptcyRealEstateInsights

Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.), 710 F.3d 239 (5th Cir. 2013) – To confirm the debtor’s proposed plan of reorganization over the mortgage lender’s objections, the … Continue reading →

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