In re Princeton Office Park, L.P., 504 B.R. 382 (Bankr. D. N.J. 2014) –
Initially the bankruptcy court allowed the claim of a tax sale certificate purchaser. However, on reconsideration the court held that the purchaser forfeited the entire claim and related lien. Continue reading
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 one of the debtors. This issue determined who should receive payments under the plan. Continue reading
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, as opposed to just the debtor’s tenant in common interest. Continue reading
A chapter 11 debtor filed an adversary proceeding against its construction lender seeking to avoid as a preference a notice of lis pendens filed by the lender. The bankruptcy court granted the lender’s motion to dismiss; the district court affirmed; and the debtor appealed to the 10th Circuit.
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 and sought court approval for retroactive rejection of a lease. Continue reading
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 contended that cause did not exist and the mortgagee was not entitled to relief since they had proposed a confirmable plan of reorganization under which the mortgagee’s claims would be satisfied in full. Continue reading
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