Tag Archives: automatic stay

Mortgagee Relief: “Cause” Is In the Eye of the Beholder – Round 2

Posted on January 3, 2014 by BankruptcyRealEstateInsights

In re GEL, LLC, 495 B.R. 240 (Bankr. E.D. N.Y. 2012) – A mortgagee moved to dismiss two Chapter 11 bankruptcies that were filed by its mortgagors to prevent a scheduled foreclosure sale.  It also sought relief relating to the automatic … Continue reading →

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Mortgagee Relief From the Automatic Stay: “Cause” Is In the Eye of the Beholder – Namely the Court

Posted on December 27, 2013 by BankruptcyRealEstateInsights

In re Doug Wilson Ins. Agency, Inc., 495 B.R. 428 (Bankr. E.D. Ark. 2013) – A debtor that owned several properties filed a chapter 11 bankruptcy proceeding on April 1st.  A bank that had mortgages on two of the properties moved for relief … Continue reading →

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Foreclosure Procedures: Dot Those i’s and Cross Those t’s… Or Else

Posted on December 6, 2013 by BankruptcyRealEstateInsights

In re AMRCO, Inc., 496 B.R. 442 (Bankr. W.D. Tex. 2013) – A mortgagee requested a comfort order from the bankruptcy court to confirm that the automatic stay did not apply to property that it had purchased at a non-judicial foreclosure … Continue reading →

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Single Asset Real Estate Case: How Single is Single?

Posted on November 1, 2013 by BankruptcyRealEstateInsights

In re Yishlam, Inc., 495 B.R. 328 (Bankr. S.D. Tex. 2013) – The debtor owned units in two apartment buildings.  Shortly after it filed bankruptcy, its mortgage lender sought a determination that it was a “single asset real estate” debtor under … Continue reading →

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Of Auction Sales and Fees: Going, Going, Going … Not Gone

Posted on October 4, 2013 by BankruptcyRealEstateInsights

Garden v. Central Nebraska Housing Corp., 719 F.3d 899 (8th Cir. 2013) – A secured party obtained relief from the automatic stay to allow the trustee under a deed of trust to sell a farm.  The secured party contended that (i) … Continue reading →

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Pre-Bankruptcy Stay Waiver: Who Cares, It’s Not Enforceable Anyway – Right?

Posted on July 12, 2013 by BankruptcyRealEstateInsights

In Re 4848, LLC, 490 B.R. 343 (Bankr. E.D. Wis. 2013) – The debtor had entered into a forbearance agreement with its mortgage lender that included a stipulation that the lender would be entitled to relief from the automatic stay if … Continue reading →

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