Tag Archives: automatic stay

Leases: Prepetition Termination May Be A Get Out of Bankruptcy Free Card – Or Not

In re Indiana Hotel Equities, LLC, 586 B.R. 870 (E.D. Mich. 2018) – The debtor leased nonresidential real property under a lease that was terminated before the bankruptcy petition was filed. The lessor filed a motion seeking a bankruptcy court order … Continue reading

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Delinquent Property Tax Procedures: To Stay or Not to Stay

In re Administrative Order Regarding Sale of Tax Certificates by Florida Tax Collectors, FLMB 2018-1, 583 B.R. 794 (Bankr. M.D. Fla. 2018) – In response to repeated requests for comfort orders, a bankruptcy court issued a district wide administrative order confirming … Continue reading

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Multiple Bankruptcy Filings: Try, Try, Try Again (… And Again… And Again)

United States v. Olayer (In re Olayer), 577 B.R. 464 (Bankr. W.D. Pa. 2017) – After a debtor filed his fifth chapter 12 petition in 21 years, the Department of Agriculture Farm Service Agency (FSA) filed a motion for relief from … Continue reading

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Deficiency Claims: State Law Procedures Can Safely Be Ignored … Or Not

Melikian Enterprises, LLLP v. McCormick, 863 F.3d 802 (8th Circuit 2017) – Individual chapter 11 debtors objected to a proof of claim filed by a deed of trust creditor for the deficiency remaining after a trustee’s sale of their property. … Continue reading

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Serial Filings That Block a Creditor: Better Not to Obtain More Relief Than You Need

In re Ross, 838 F.3d 779 (3rd Cir. 2017) – A debtor filed bankruptcy to block a foreclosure. When he sought to voluntarily dismiss the case, the bankruptcy court granted the request but also enjoined him from filing at any … Continue reading

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Automatic Stay: Beware State Specific Quirks When Filing Liens

In re Linear Electric Co., 852 F.3d 313 (3rd Cir. 2017) – After a general contractor filed bankruptcy, two of its suppliers filed construction liens against property of owners who had contracts with the contractor. The debtor sought a determination that … Continue reading

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Automatic Stay: Relief Permitting Foreclosure Does Not Give a Mortgagee Carte Blanche

Haugren v. Multibank 2009-1 CRE Venture, LLC (In re Laprade’s Marina, LLC), 566 B.R. 84 (Bankr. N.D. Ga. 2017) – A mortgagee that obtained relief from the automatic stay and conducted a nonjudicial foreclosure sale of the real estate securing … Continue reading

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