In re Addams, 564 B.R. 458 (Bankr. E.D. N.Y. 2017) –
A lender holding a mortgage on a two unit structure occupied in part and rented in part by a chapter 13 debtor moved to dismiss the case. The lender argued that the debtor was unable to propose a confirmable plan because the debtor could not bifurcate the lender’s undersecured claim into a secured claim and unsecured claim. Continue reading
In re Birmingham, 846 F.3d 88 (4th Cir. 2017) –
A chapter 13 debtor sued his lender requesting a declaration that his chapter 13 plan could modify the lender’s mortgage on his primary residence. The bankruptcy court granted the lender’s motion to dismiss; the district court affirmed; and the debtor appealed to the Fourth Circuit. Continue reading
Hackman v. Nationstar Mortgage, LLC (In re Hackman), 563 B.R. 812 (Bankr. E.D. Va. 2017) –
A Chapter 11 debtor sued the holder of his deed of trust note on various grounds, including fraud, breach of an implied covenant of good faith and violation of housing regulation requiring a face-to-face meeting purportedly incorporated in the deed of trust. Continue reading
In re Olson, 563 B.R. 899 (Bankr. E.D. Wis. 2017) –
After the bankruptcy case closed, a third party (CVC) sued the purchaser (ADM) of property acquired from the debtors in a bankruptcy sale claiming that it had a right of first refusal with respect to the property. The purchaser contended that the right of first refusal did not survive the “free and clear” bankruptcy sale. So, at the request of the purchaser, the bankruptcy court reopened the case to consider the issue. Continue reading
In re MCSGlobal Inc., 562 B.R. 648 (Bankr. E.D. Va. 2017) –
A chapter 11 trustee sought court approval of a sale of substantially all of the debtor’s assets prior to confirmation of a plan of reorganization. The purchase agreement terms included release of claims against the buyer and a bar order precluding creditors from bringing similar claims. A creditor objected. Continue reading
In re Railyard Co., LLC, 562 B.R. 481 (Bankr. D. N.M. 2016) –
Both the landlord and an affiliated tenant filed bankruptcy. The landlord’s trustee filed a motion to reject the lease in the landlord’s case and filed a motion for relief from the automatic stay in the tenant’s case to permit litigation of the rejection motion. The bankruptcy judge issued a single opinion for both cases. Continue reading
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