In re Jackson 554 B.R. 156 (BAP 6th Cir. 2016) –
At the request of a chapter 7 debtor, the bankruptcy court reopened his case and sanctioned the debtor’s condominium association for violating his discharge. On appeal the Bankruptcy Appellate Panel (BAP) reversed, finding an abuse of discretion. Continue reading
In re Intervention Energy Holdings, LLC, 553 B.R. 258 (Bankr. D. Del. 2016) –
A creditor objected to the bankruptcy filing of a limited liability company on the basis that the filing was unauthorized. Specifically, under the LLC’s operating agreement unanimous approval of the common members was required and the vote was not unanimous. Continue reading
A Chapter 11 debtor sold two restaurants under a bankruptcy sale order that provided that the sale would be “free and clear” of interests. Subsequently judgment creditors sued the purchaser asserting successor liability for labor claims against the debtor arising in connection with the restaurant business. The purchaser and the debtor sought to enforce the sale order and enjoin the judgment creditors. Continue reading
Satija v. C-T Plaster, Inc. (In re Sterry Industries, Inc.), 553 B.R. 96 (Bankr. W.D. Tex.. 2016) –
“Summers are hot in Texas, so pools are a hot item. But not hot enough to help a pool installer named Sterry avoid bankruptcy.” After the debtor filed bankruptcy, the chapter 7 trustee sought to recover payments made to a subcontractor shortly before bankruptcy as a preference. The subcontractor raised an “ordinary course” defense. Continue reading
In re Love, 553 B.R. 54 (Bankr. D. S.C. 2016) –
Chapter 13 debtors filed a motion seeking authority to sell 5 acres of real property free and clear of a mortgage covering the property. The mortgagee objected. Continue reading
Trampush v. United FCS (In re Trampush), 552 B.R. 817 (Bankr. W.D. Wisc. 2016) –
Chapter 13 debtors sought a determination of the priority of two mortgages. A successor to the first mortgagee argued that the entire balance owed to it should be subrogated to the priority position of the first mortgage. Continue reading
Bankruptcy-RealEstate-Insights 