Tag Archives: bankruptcy procedures

Appeals: Try, Try Again – If You Can Get Your Foot in the Door You May Succeed

Posted on April 1, 2015 by BankruptcyRealEstateInsights

Rev Op Group v. ML Manager LLC (In re Mortgages Ltd.), 771 F.3d 623 (9th Cir. 2014) – Under the terms of a debtor’s confirmed plan of reorganization, an entity (ML Manager) was designated to manage the debtor’s portfolio of mortgage … Continue reading →

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Sale Orders: Ignore at Your Peril, Even After the Bankruptcy Case is Closed

Posted on February 27, 2015 by BankruptcyRealEstateInsights

Bombart v. The Family Center at Sunrise, LLC, 520 B.R. 300 (S.D. Fla. 2014) – The owner of assets purchased in a bankruptcy sale sought to reopen a closed bankruptcy case to obtain an order enjoining the owner of the debtor … Continue reading →

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Substantive Consolidation: When Abuse Goes Too Far An LLC Will Not Shield Assets

Posted on February 24, 2015 by BankruptcyRealEstateInsights

In re Carroll, 520 B.R. 491 (Bankr. M.D. La. 2014) – A chapter 7 trustee sought to substantively consolidate the bankruptcy estates of individual chapter 7 debtors with the separate bankruptcy estate of their wholly owned limited liability company (LLC).  Only the debtors, … Continue reading →

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Real Estate Cases: You May Want to Think Twice Before You File

Posted on January 30, 2015 by BankruptcyRealEstateInsights

Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  – A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It … Continue reading →

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Real Estate Cases: Bad Faith Filing Does Not Necessarily Mean That You Are A Bad Person

Posted on January 27, 2015 by BankruptcyRealEstateInsights

In re Sterling Bluff Investors, LLC, 515 B.R. 902 (Bankr. S.D. Ga. 2014) – A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay.  It contended that the debtor filed … Continue reading →

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Post-Confirmation: Ignoring Court Orders Is Not A Good Idea

Posted on January 23, 2015 by BankruptcyRealEstateInsights

In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) – The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans.  When the servicer for some of the loans continued to ignore the terms of … Continue reading →

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