Tag Archives: bankruptcy procedures

Delinquent Property Tax Sales and the Equity of Redemption: When Is Property Really, Really, Really Gone?

Reverend C.T. Walker Housing Dev. Fund Corp. v City of N.Y., 586 B.R. 534 (E.D.N.Y. 2018) – A bankruptcy court denied a debtor’s motion to sell real property and granted a motion for relief from the automatic stay in a related … Continue reading

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Wraparound Mortgages: Sorting Things Out

In re Tejeda, 586 B.R. 831 (Bankr. W.D. Tex. 2018) – In connection with acquisition of real property a debtor executed a wraparound mortgage in favor of the sellers. The original note and deed of trust executed by the sellers remained … Continue reading

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Designating Votes: Selfish Informed Self Interest v. Untoward Advantage

Pacific Western Bank v. Fagerdala USA-Lompoc, Inc. (In re Fagerdala USA-Lompoc, Inc.), 891 F.3d 848 (9th Cir. 2018) – A secured creditor sought to block a Chapter 11 plan of reorganization by purchasing claims from some of the creditors in the … Continue reading

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Mortgage Assignee Claims: Hang on To That Promissory Note

In re Benyamin, 587 B.R. 243 (Bankr. S.D. N.Y. 2018) – Chapter 11 debtors objected to a proof of claim that appeared to be filed by a servicer on behalf of an assignee of the original mortgagee. The court considered both … Continue reading

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Who Gets to Keep the Money: Sometimes Procedural Arguments Can Matter as Much as Substantive Arguments

Allison v. Centris Fed. Credit Union (In re Tri-State Financial, LLC), 885 F.3d 528 (8th Cir. 2018) – A Chapter 11 trustee brought a proceeding to determine ownership of ~$1.2 million. Initially the bankruptcy court held that the funds were not … Continue reading

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Bad Faith Filing: A Debtor’s “Business” Must Consist of More Than Litigating with the Mortgagee

In re Encore Prop. Mgmt. of Western N.Y., LLC, 585 B.R. 22 (Bankr. W.D. N.Y. 2018) – A mortgage lender moved to dismiss a chapter 11 case on the grounds that it was filed in bad faith. This was the second … Continue reading

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Covenants Running with the Land: To Be or Not to Be a Claim

American Std. Energy, Corp. v. Geronimo Holding Corp. (In re Geronimo Holding Corp.), 585 B.R. 138 (Bankr. W.D. Tex. 2017) – An assignment of a group of oil and gas leases required the debtor to reconvey the leases upon termination of … Continue reading

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