Tag Archives: automatic stay

Mortgagor Claims: If At First You Don’t Succeed, Try, Try Again

Posted on September 14, 2016 by BankruptcyRealEstateInsights

In re Jepson v. Bank of New York Mellon, 816 F.3d 942 (7th Cir. 2016) – A creditor requested modification of the automatic stay so that it could proceed with a foreclosure action. The debtor opposed the motion and sought … Continue reading →

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Single Asset Real Estate Cases: 0 Is Less Than 4 – Or Is It?

Posted on April 20, 2016 by BankruptcyRealEstateInsights

In Re Kachina Village, LLC, 538 B.R. 124 (Bankr. D. N.M. 2015) – A creditor sought to have its collateral designated as “single asset real estate” in order to trigger certain special protections relating to the automatic stay. The court’s … Continue reading →

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Leases: To Be or Not to Be a Nonresidential Lease

Posted on March 9, 2016 by BankruptcyRealEstateInsights

In re Memory Lane of Bremen, LLC, 535 B. R. 901 (Bankr. N.D. Ga.) – The chapter 11 debtors operated senior long-term care facilities on real property owned by a third party. The third party claimed that the debtors occupied the … Continue reading →

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Foreclosure Sales: When Is the “Deed” Done?

Posted on April 29, 2015 by BankruptcyRealEstateInsights

In re Betchan, 524 B.R. 830 (Bankr. E.D. Wash. 2015) – A mortgagee was the highest bidder at a foreclosure sale that took place shortly before the debtor filed bankruptcy.  The lender requested relief from the automatic stay in order to … Continue reading →

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Limited Liability Companies: Handle Bankrupt LLC Members With Care

Posted on April 22, 2015 by BankruptcyRealEstateInsights

Walro v. The Lee Group Holding Co., LLC (In re Lee), 524 B.R. 798 (Bankr. S.D. Ind. 2014) – A chapter 7 trustee sought a court determination that (1) a debtor’s voting rights in a limited liability company (LLC) were property of … Continue reading →

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Attorney Fees: Following Local Law Can Mean the Difference Between Collecting or Not

Posted on February 10, 2015 by BankruptcyRealEstateInsights

Southside, LLC v SunTrust Bank (In re Southside, LLC), 520 B.R. 914 (Bankr. N.D. Ga. 2014) – A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the … Continue reading →

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