Tag Archives: bankruptcy procedures

Bankruptcy Appeal: Jumping Through Hoops for Standing

Posted on June 8, 2016 by BankruptcyRealEstateInsights

In re Terry, 543 B.R. 173 (E.D. Pa. 2015) – The bankruptcy court approved a settlement between the debtor and a tax sale purchaser of debtor’s real estate and confirmed the debtor’s chapter 13 plan, with the result that the … Continue reading →

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Discharge Injunction: Maybe It Works, and Maybe It Doesn’t

Posted on June 1, 2016 by BankruptcyRealEstateInsights

In re Sanchez, 545 B.R. 55 (Bankr. D.N.M. 2016) – Chapter 7 debtors reopened their bankruptcy case so that they could file a motion seeking sanctions against a trash collector for violating the discharge injunction. The court found that there … Continue reading →

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Postpetition Sale: What Happens If the Debtor Won’t Perform (Not Much)?

Posted on May 4, 2016 by BankruptcyRealEstateInsights

In Re Engels, 536 B.R. 529 (Bankr. N.D. N.Y. 2015) – Postpetition a chapter 13 debtor signed an asset purchase agreement to sell certain real estate subject to court approval. However, the debtor never sought approval – not even after … Continue reading →

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Property Surrender Round 2: Can a Mortgagee Really Be Forced to Take Title?

Posted on April 27, 2016 by BankruptcyRealEstateInsights

In re Williams, 542 B.R. 514 (Bankr. D. Kan. 2015) – A chapter 13 debtor obtained confirmation of a plan which provided for surrender of his residential property to a secured creditor. The debtor later moved to amend the plan … Continue reading →

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Single Asset Real Estate Cases: 0 Is Less Than 4 – Or Is It?

Posted on April 20, 2016 by BankruptcyRealEstateInsights

In Re Kachina Village, LLC, 538 B.R. 124 (Bankr. D. N.M. 2015) – A creditor sought to have its collateral designated as “single asset real estate” in order to trigger certain special protections relating to the automatic stay. The court’s … Continue reading →

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Limited Liability Company: How Far Can a Member’s Trustee Reach?

Posted on April 6, 2016 by BankruptcyRealEstateInsights

Simon v. Miller (In re Miller Parking Co., LLC), 536 B.R. 197 (E.D. Mich. 2015) – Both a limited liability company and its sole member filed chapter 7 bankruptcy cases. The chapter 7 trustee for the sole member filed a … Continue reading →

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