Tag Archives: bankruptcy procedures

Escrow Funds: Who Gets to Keep the Cash?

Posted on March 30, 2016 by BankruptcyRealEstateInsights

Escrow Funds: Who Gets to Keep the Cash? In Re Cypress Health Systems Florida, Inc., 536 B.R. 334 (Bankr. N.D. Fla. 2015) – A Chapter 11 debtor filed a motion to require a title company to turn over a $50,000 … Continue reading →

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Lease Claims: Once Again, You Snooze You Lose

Posted on March 2, 2016 by BankruptcyRealEstateInsights

Bell v. Brothers Properties Smyrna, LLC (In Re Bell) – A landlord filed claims for prepetition rent and lease rejection damages after the general claims bar date. The chapter 13 trustee objected. The bankruptcy court considered whether it could use … Continue reading →

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Chapter 13 Plan: How to Really Get Rid of Unwanted Property

Posted on February 17, 2016 by BankruptcyRealEstateInsights

In re Zair, 535 B.R. 15 (Bankr. E.D.N.Y. 2015) – The debtors proposed a chapter 13 plan providing that certain real property was to be surrendered to the mortgagees and title to the property was to vest in the first … Continue reading →

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Discharge Injunction: Secured Claims Can Ride through Bankruptcy Without Regard to a Discharge

Posted on January 20, 2016 by BankruptcyRealEstateInsights

Fonseca v. Gov’t. Employees Ass’n. (In re Fonseca), 534 B.R. 261 (Bankr. D. P.R. 2015) – An individual Chapter 7 debtor sued the Puerto Rico Government Employees Association (AEELA) alleging that it violated the discharge injunction. AEELA made a prepetition loan … Continue reading →

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Discharge Injunction: There May Be More Nuances Than You Think

Posted on January 6, 2016 by BankruptcyRealEstateInsights

Botson v. Citizens Banking Co. (In re Botson), 531 B.R. 719 (Bankr. N.D. Ohio 2015) – After a secured creditor refused to terminate a UCC‑1 financing statement and filed a UCC‑3 continuation statement instead, individual Chapter 7 debtors sued the creditor alleging … Continue reading →

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Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance

Posted on December 30, 2015 by BankruptcyRealEstateInsights

Baker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 784 F.3d 978 (5th Cir. 2015) – An undersecured mechanic’s lien claimant contended that it was entitled to elect to treat its claim as fully secured under Section 1111(b) of … Continue reading →

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