Category Archives: Real Estate

Real Estate

Dragnet Clauses: Sometimes They Don’t Work as Hoped, and Sometimes They Do

Posted on April 1, 2014 by BankruptcyRealEstateInsights

In re Presser, 504 B.R. 452 (Bankr. S.D. Ohio 2014) – A judgment lien creditor objected to a joint debtors’ chapter 11 plan of reorganization based on a dispute with a mortgagee about whether its mortgages secured guaranty obligations of … Continue reading →

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Potential Sale of Jointly Owned Property: Practicable Partition Is Somewhere Between Possible and Practical

Posted on March 28, 2014 by BankruptcyRealEstateInsights

Higgason v. Brown (In re Brown), 506 B.R. 446 (Bankr. E.D. Ky. 2014) – A chapter 7 debtor owned real estate jointly with three other people as tenants in common. The chapter 7 trustee sought court approval to sell the entire property, … Continue reading →

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Impact of Lis Pendens: More Questions Than Answers

Posted on March 25, 2014 by BankruptcyRealEstateInsights

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Co. (In re Ute Mesa Lot 1, LLC), 736 F.3d 947 (10th Cir. 2013) – A chapter 11 debtor filed an adversary proceeding against its construction lender seeking to avoid as … Continue reading →

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Lease Assumption (and Rejection): It Ain’t So Until the Court Says So

Posted on March 21, 2014 by BankruptcyRealEstateInsights

In re Upper Crust, LLC, 502 B.R. 1 (Bankr. D. Mass. 2013) – In a bankruptcy case that was converted from chapter 11 to chapter 7, a landlord sought immediate payment or administrative priority for postpetition rents and rejection damages.  The trustee objected … Continue reading →

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Mortgagee Stay Relief: Wending a Path Through Adequate Protection and Dragnet Clauses

Posted on March 18, 2014 by BankruptcyRealEstateInsights

Magnolia Portfolio, LLC v. Dye (In re Dye), 502 B.R. 47 (Bankr. M.D. Pa. 2013) – A mortgagee sought relief from the automatic stay in order to pursue its state law remedies against properties securing seven defaulted loans.  The chapter 11 debtors … Continue reading →

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Sale Contract for Mineral Interests: Speak Early and Often, Or Forever Hold Your Peace

Posted on March 14, 2014 by BankruptcyRealEstateInsights

Davis v. Dunmore Properties, Inc. (In re Davis), 503 B.R. 609 (Bankr. M.D. Pa. 2013) – After confirmation of their chapter 13 plan, two chapter 13 debtors filed motions for summary judgment seeking to reject a contract for sale of their mineral rights … Continue reading →

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