Tag Archives: bankruptcy procedures

Marijuana: Should a Plan “Go up in Smoke” Because a Debtor’s Tenant Operates a Marijuana Establishment?

Garvin v. Cook Investments NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir. 2019) – The U.S. trustee objected to a chapter 11 plan of reorganization proposed by a group of real estate holding companies on the grounds that a tenant of … Continue reading

Posted in Real Estate | Tagged , | Leave a comment

Bankruptcy Sale: Maximizing Bankruptcy Estate Assets Trumps Contractual Obligations

Gluckstadt Holdings, L.L.C. v. VCR I, L.L.C. (In re VCR I, L.L.C.), 922 F.3d 323 (5th Cir. 2019) – The bankruptcy court granted a Chapter 7 trustee’s motion to approve holding a public auction and selling property of the debtor free … Continue reading

Posted in Bankruptcy Sales | Tagged , | Leave a comment

Reverse Mortgages: Can A Reverse Mortgage Loan Be Reinstated?

Reverse Mortgage Solutions, Inc. v. Nunez, 598 B.R. 876 (S.D. Fla. 2019) – A debtor filed a chapter 13 plan that proposed to cure defaults under a reverse mortgage by paying unpaid taxes and insurance. The mortgagee objected, arguing that because … Continue reading

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

Bankruptcy Sales and Mortgage Boo-Boos: Timing Can Make All the Difference in the World

Trinity 83 Dev., LLC v. Colfin Midwest Funding, LLC, 917 F.3d 599 (7th Cir. 2019) – A Chapter 11 debtor sought to avoid the cancellation of a mortgage satisfaction as a fraudulent conveyance, contending that the mortgage satisfaction extinguished the debt … Continue reading

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

Mortgagee Stay Relief: Make Sure You Know the Scope of the Relief or Else

BMO Harris Bank, N.A. v. Anderson (In re Anderson), 917 F.3d 566 (7th Cir. 2019) – After a mortgagee obtained relief from the automatic stay so that it could foreclose its mortgage in state court, it returned to the bankruptcy court … Continue reading

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

TICs: Maybe the Protection of Bankruptcy Will Be the Available If Needed, and Maybe Not

In re Fairfield TIC, LLC, 594 B.R. 852 (Bankr. E.D. Va. 2018) – The debtor and its co-owners bought a shopping center as tenants-in-common. After the debtor filed bankruptcy, the noteholder secured by a mortgage on the property and a receiver … Continue reading

Posted in Real Estate | Tagged , | Leave a comment

Joint Property Sales: To Successfully Oppose a Sale, You Have to Make Your Case

Desmond v. Francis (In re Francis), 597 B.R. 195 (Bankr. D. Mass. 2019) – A chapter 7 trustee commenced an adversary proceeding seeking authority to sell property that the debtor co-owned with his wife as tenants by the entirety free of … Continue reading

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