Desmond v. Francis (In re Francis), 597 B.R. 195 (Bankr. D. Mass. 2019) –
A chapter 7 trustee commenced an adversary proceeding seeking authority to sell property that the debtor co-owned with his wife as tenants by the entirety free of the interests of the wife. The trustee brought a motion for summary judgment that was opposed by the wife. Continue reading
Oliveras v. Banco Popular de Puerto Rico (In re Casanova), 595 B.R. 616 (Bankr. P.R. 2018) –
A chapter 13 trustee brought an adversary proceeding to avoid a bank’s mortgage lien using his strong arm powers as a hypothetical bona fide purchaser of real estate. The case turned on the effect of a lengthy delay in the recording process. Continue reading
Plant Materials, LLC v. Alliance Consulting Group, LLC, 596 B.R. 851 (S.D. Miss. 2019) –
A contractor that installed a sand screen at a drying facility previously owned by the debtor that was sold “free and clear” in its bankruptcy filed a motion to reopen the bankruptcy case so that it could assert an administrative expense claim for unpaid services. The bankruptcy court denied the motion and the contractor appealed to the district court. Continue reading
Parties representing “Unmanifested Asbestos Claims” sought to appeal a bankruptcy court order confirming a plan of reorganization that included a sale of debtors free and clear of claims and interests by way of a merger. The primary issue was whether the appeal was statutorily moot under section 363(m) of the Bankruptcy Code. Continue reading
Fuhrman v. Wilmington Sav. Fund Society FSB (In re Fuhrman), 596 B.R. 343 (Bankr. E.D. Mich. 2018) –
A chapter 13 debtor sought disallowance of a mortgage claim based on an error in the mortgage legal description. The lender moved to dismiss, and after that was denied, moved for summary judgment on the issue of whether it had a valid lien on and enforceable claim against the mortgaged property. Continue reading
Butler v. Wojtkun (In re Wojtkun), 596 B.R. 74 (D. Mass. 2019) –
To facilitate the sale of a debtor’s dental practice, a chapter 7 trustee sought issuance of a noncompetition injunction against the debtor. The bankruptcy court declined to issue an order, and the trustee appealed to the district court. Continue reading
Bankruptcy-RealEstate-Insights 