Tag Archives: automatic stay

Foreclosure Sale: In a Race With a Bankruptcy Filing, Who Wins?

Posted on June 27, 2014 by BankruptcyRealEstateInsights

RBS, Inc. v. Bell (In re Bell), 507 B.R. 898 (S.D. W.Va. 2014) – The purchaser at a foreclosure sale sought relief from the automatic stay to complete the sale. The bankruptcy court denied the request on the basis that … Continue reading →

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Bankruptcy Estate: When Is A Joint Venture A Partnership (And Who Cares)?

Posted on June 6, 2014 by BankruptcyRealEstateInsights

Bank of England v. Rice (In re Webb), 742 F.3d 824 (8th Cir. 2014) – A chapter 7 trustee sought to enjoin a bank from enforcing its security interest in rice and farming equipment that the trustee contended were assets of … Continue reading →

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Constructive Notice of Bankruptcy: When Is A Mailing Address Good Enough?

Posted on May 16, 2014 by BankruptcyRealEstateInsights

In re Cunningham, 506 B.R. 334 (Bankr. E.D.N.Y. 2014) – A mortgagee continued with foreclosure of a mortgage after the debtor filed bankruptcy because it was not aware of the filing. When the debtor later sought to vacate the foreclosure … Continue reading →

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Leases: The Special Case of a Governmental Landlord

Posted on April 11, 2014 by BankruptcyRealEstateInsights

In re Aikens, 503 B.R. 603 (Bankr. S.D.N.Y. 2014) – A city housing authority sought a bankruptcy court order confirming that the automatic stay did not prevent it from continuing eviction proceedings where it had obtained a judgment of possession … Continue reading →

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Mortgagee Stay Relief: Wending a Path Through Adequate Protection and Dragnet Clauses

Posted on March 18, 2014 by BankruptcyRealEstateInsights

Magnolia Portfolio, LLC v. Dye (In re Dye), 502 B.R. 47 (Bankr. M.D. Pa. 2013) – A mortgagee sought relief from the automatic stay in order to pursue its state law remedies against properties securing seven defaulted loans.  The chapter 11 debtors … Continue reading →

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Environmental Enforcement: Sometimes Bankruptcy Provides a Respite, and Sometimes It Doesn’t

Posted on March 7, 2014 by BankruptcyRealEstateInsights

In re Edison Mission Energy, 502 B.R. 830 (Bankr. N.D. Ill. 2013) – Pre-bankruptcy the Sierra Club filed a citizen suit complaint with the Illinois Pollution Control Board (IPCB) against a power company requesting penalties and an order requiring it to … Continue reading →

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