Tag Archives: automatic stay

Prepetition Stay Waivers: Which Way Is The Wind Blowing?

Posted on January 9, 2015 by BankruptcyRealEstateInsights

In re Triple A & R Inv., Inc., 519 B.R. 581 (Bankr. D. P.R. 2014) – A mortgagee moved for relief from the automatic stay based on the debtor’s prepetition consent to stay relief.  The debtor argued that a prepetition waiver … Continue reading →

Posted in Financing, Real Estate | Tagged , , | Leave a comment

Delinquent Property Tax Collection: Dancing Around the Automatic Stay

Posted on January 6, 2015 by BankruptcyRealEstateInsights

In re Killmer, 513 B.R. 41 (Bankr. S.D.N.Y. 2014) – After reopening a bankruptcy case, a mortgagee moved for a determination that a post-petition delinquent property tax sale was void because it was held in violation of the automatic stay.  In … Continue reading →

Posted in Real Estate | Tagged , , | Leave a comment

Automatic Stay: What Happens When a Case is Reopened?

Posted on November 7, 2014 by BankruptcyRealEstateInsights

U.S. Bank, N.A. v. Brumfiel (In re Brumfiel), 514 B.R. 637 (Bankr. D. Colo. 2014) – After a debtor reopened her chapter 7 bankruptcy case, a lender moved for relief from the automatic stay in order to continue with a foreclosure … Continue reading →

Posted in Financing, Real Estate | Tagged , | Leave a comment

Stay Relief: What Happens to “Unreasonable” Fees?

Posted on October 17, 2014 by BankruptcyRealEstateInsights

Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 358 (5th Cir. 2014) – After an oversecured creditor obtained relief from the automatic stay and foreclosed on some property, the bankruptcy court asserted jurisdiction … Continue reading →

Posted in Financing, Real Estate | Tagged , , | Leave a comment

Subcontractor Claims: What Can You Do Once Your General Contractor Files Bankruptcy?

Posted on September 30, 2014 by BankruptcyRealEstateInsights

Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether … Continue reading →

Posted in Financing | Tagged , , , | Leave a comment

LLC Operating Agreement: Is A Purchase Option Enforceable Against A Bankrupt Member?

Posted on September 26, 2014 by BankruptcyRealEstateInsights

In re Denman, 513 B.R. 720 (Bankr. W.D. Tenn. 2014) – A chapter 13 debtor was a member of a limited liability company. Another member sought relief from the automatic stay in order to exercise a right to acquire the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment