Tag Archives: automatic stay

Limited Liability Companies: Do Not Confuse an LLC’s Membership Interests with Its Underlying Assets

In re Gialamas, 606 B.R. 798 (Bankr. W.D. Wisc. 2019) – A judgment creditor sought relief from the automatic stay and abandonment with respect to a strip mall shopping center. The motions referred to “real estate.” However, the strip mall was … Continue reading

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Delinquent Property Taxes: A Prepetition Tax Sale Purchaser May Find Itself Embroiled in The Bankruptcy

Town of Beacon Falls v. Christiano (In re Christiano), 605 B.R. 1 (Bankr. D. Conn. 2019) – A prepetition tax sale purchaser sought relief from the automatic stay to exercise its rights with respect to the property it purchased. The debtor … Continue reading

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Foreclosure Adjournment: Does Continue Really Mean Continue?

In re Winters, 604 B.R. 54 (Bankr. D. Utah 2019) – A chapter 7 debtor contended that a mortgage creditor’s postponement of a scheduled nonjudicial foreclosure sale after receiving notice of the debtor’s bankruptcy constituted a violation of the automatic stay. … Continue reading

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Extending the Stay to Third Parties: Sometimes a Bankruptcy Court Will Intercede

Durr Mechanical Constr., Inc. v. I.K. Constr. Inc. (In re Durr Mechanical Constr., Inc.), 604 B.R. 131 (S.D.N.Y. 2019) – A general contractor debtor filed an adversary proceeding against a subcontractor seeking various relief. It then filed a motion seeking to … Continue reading

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Continuing Perfection: Does a Mortgage Lapse During Bankruptcy If State Law Would Otherwise Require Steps to Maintain Perfection?

River Parishes Dirt & Gravel, LLC v. BankPlus (In re Willow Bend Ventures, LLC), 603 B.R. 293 (Bankr. E.D. La. 2019) – A lender’s secured claim was challenged on the basis that postpetition it failed to take steps required to maintain … Continue reading

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Mortgage Defaults: What Is the Most Effective Path for Resolving Troubled Properties?

In re Big Dog II, LLC, 602 B.R. 64 (Bankr. N.D. Fla. 2019) – A mortgagee sought relief from the automatic stay for cause on the grounds that (1) it was not adequately protected, and (2) the debtor did not have … Continue reading

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Attorney Liens: Possession of Cash Is Not Always the End of the Story

In re Venincasa, 601 B.R. 296 (Bankr. D. Mass 2019) – A law firm sought relief from the automatic stay so that it could release funds held in its IOLTA account to pay itself fees owed by the debtor. The chapter … Continue reading

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