Category Archives: Financing

Cramdown: Can “Dirt-for-Debt” Qualify as the Indubitable Equivalent of a Secured Claim?

Posted on May 2, 2018 by BankruptcyRealEstateInsights

Bate Land Co. LP v. Bate Land & Timber LLC (In re Bate Land & Timber LLC), 877 F.3d 188 (4th Cir. 2017) – A Chapter 11 debtor sought approval of a plan of reorganization that included a partial “dirt-for-debt” treatment … Continue reading →

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Multiple Bankruptcy Filings: Try, Try, Try Again (… And Again… And Again)

Posted on April 18, 2018 by BankruptcyRealEstateInsights

United States v. Olayer (In re Olayer), 577 B.R. 464 (Bankr. W.D. Pa. 2017) – After a debtor filed his fifth chapter 12 petition in 21 years, the Department of Agriculture Farm Service Agency (FSA) filed a motion for relief from … Continue reading →

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Non-Dischargeability: Shuffling Assets Among Entities May Lead To Non-Dischargeability No Matter How Indirect and Difficult to Follow

Posted on February 28, 2018 by BankruptcyRealEstateInsights

Dz Bank Ag Deutsche Zentral-Genossenschaft Bank v. Meyer, 869 F.3d 939 (9th Cir. 2017)– The debtors caused assets to be transferred out of a closely-held corporation. A bank creditor alleged that the indirect transfer constituted a fraudulent transfer, and as … Continue reading →

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Nondischarge for Fraud and the Like: Going After the Debtor May be Harder Than You Would Expect

Posted on February 14, 2018 by BankruptcyRealEstateInsights

Cowin v. Countrywide Home Loans, Inc. (In re Cowin), 864 F.3d 344 (5th Cir. 2017) – Deed of trust holders sought to except debts from discharge in a debtor’s individual chapter 11 case on the grounds of debtor’s larceny, embezzlement, or … Continue reading →

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Deficiency Claims: State Law Procedures Can Safely Be Ignored … Or Not

Posted on February 7, 2018 by BankruptcyRealEstateInsights

Melikian Enterprises, LLLP v. McCormick, 863 F.3d 802 (8th Circuit 2017) – Individual chapter 11 debtors objected to a proof of claim filed by a deed of trust creditor for the deficiency remaining after a trustee’s sale of their property. … Continue reading →

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Assignment of Rents: Who Has What Interests?

Posted on January 10, 2018 by BankruptcyRealEstateInsights

Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats, LLC), 855 F.3d 721 (6th Cir. 2017) – A commercial mortgagee exercised its assignment of rents prior to bankruptcy. After it then commenced a foreclosure action, the … Continue reading →

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