In re Orleans Homebuilders, Inc., 561 B.R. 46 (Bankr. D. Del. 2016) –
A reorganized debtor brought a motion in bankruptcy court to enforce a chapter 11 plan of reorganization injunction: It sought a court order directing a residential condominium association to discontinue litigation it brought in state court against the reorganized debtor and others relating to alleged construction defects. Continue reading
The debtor proposed a chapter 11 plan that included curing defaults under a mortgage loan. The lender objected because the cure payments were calculated using the pre-default interest rate as opposed to the higher default rate. Continue reading
In re Castle Service, 560 B.R. 587 (Bankr. D. Utah 2016) –
The debtor occupied but did not hold title to the real property where its business was located. A mortgagee seeking to foreclose on the property moved for a determination that the property was not an asset of the bankruptcy estate, and thus was not subject to the automatic stay. Continue reading
Failla v. Citibank, N.A. (In re Failla), 838 F.3d 1170 (11th Cir. 2016) –
After chapter 7 debtors filed a statement of intention to surrender their house to their mortgagee, they continued to oppose the lender in a state court foreclosure action. The mortgagee argued that this breached their duty to surrender. Continue reading
Rodriguez v. Nelabovige (In re Kirst), 559 B.R. 757 (Bankr. D. Colo. 2016) –
About a year before filing bankruptcy, a debtor conveyed his interest as a joint tenant in a residential property to his mother-in-law in consideration for $10. The chapter 7 trustee sought to avoid the conveyance as a fraudulent transfer. Continue reading
Harris v. Scarcelli (In re Oak Knoll Assoc., L.P.), 835 F.3d 24 (1st Cir. 2016) –
A real estate broker asserted a claim for a commission in connection with a post-petition sale of property by the debtor. The bankruptcy court denied the claim, the district court affirmed, and the broker appealed to the First Circuit. Continue reading
Bankruptcy-RealEstate-Insights 