Category Archives: Real Estate

Real Estate

Homestead Exemption: The Back Story Matters

In re Montgomery, 602 B.R. 352 (Bankr. S.D. Ohio 2019) – The debtor claimed a homestead exemption in residential property. The chapter 7 trustee objected that the debtor was not entitled to the exemption because he lived in a camper located … Continue reading

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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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Notice, Notice, Notice: When Is a Plan of Reorganization Not Binding?

In re Puchi Properties Inc., 601 B.R. 677 (Bankr. D. Ariz. 2019) – A chapter 11 trustee filed a motion with the bankruptcy court seeking to enforce a confirmation order and to compel a tenant to comply with terms of the … Continue reading

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Rents: What Happens to Unclaimed Rents Collected from Property That Is Abandoned?

In re Pena, 600 B.R. 415 (9th Cir. BAP 2019) – Well over a year after a bankruptcy case was closed, the debtor filed an application with the bankruptcy court seeking to recover unclaimed rent from deed of trust property that … Continue reading

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Marijuana: Should a Plan “Go up in Smoke” Because a Debtor’s Tenant Operates a Marijuana Establishment?

Garvin v. Cook Investments NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir. 2019) – The U.S. trustee objected to a chapter 11 plan of reorganization proposed by a group of real estate holding companies on the grounds that a tenant of … 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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