Tag Archives: bankruptcy procedures

Bankruptcy Sales: “It Ain’t Over ’Til It’s Over”

Posted on January 20, 2015 by BankruptcyRealEstateInsights

Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) – Two companies that acquired assets in a bankruptcy auction moved to reopen the case to clarify ambiguities in the … Continue reading →

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Proof of Claim: Foreign Qualification Requirements May Be More Important Than You Thought

Posted on January 16, 2015 by BankruptcyRealEstateInsights

In re Flex Fin. Holding Co., 518 B.R. 891 (Bankr. D. Kan. 2014) – A landlord filed a proof of claim for ~$1.34 million for a debtor’s prepetition breach of its lease.  The debtor objected based on the landlord’s failure to qualify … Continue reading →

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Prepetition Stay Waivers: Which Way Is The Wind Blowing?

Posted on January 9, 2015 by BankruptcyRealEstateInsights

In re Triple A & R Inv., Inc., 519 B.R. 581 (Bankr. D. P.R. 2014) – A mortgagee moved for relief from the automatic stay based on the debtor’s prepetition consent to stay relief.  The debtor argued that a prepetition waiver … Continue reading →

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Delinquent Property Tax Collection: Dancing Around the Automatic Stay

Posted on January 6, 2015 by BankruptcyRealEstateInsights

In re Killmer, 513 B.R. 41 (Bankr. S.D.N.Y. 2014) – After reopening a bankruptcy case, a mortgagee moved for a determination that a post-petition delinquent property tax sale was void because it was held in violation of the automatic stay.  In … Continue reading →

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Bankruptcy Sales: It Is A Good Idea To Confirm You Are Acquiring Everything You Need Before You Close

Posted on December 5, 2014 by BankruptcyRealEstateInsights

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp. (In re Nevel Properties Corp.), 765 F.3d 846 (8th Cir. 2014) – The purchaser of assets from one bankruptcy debtor objected to the plan of reorganization filed by a related bankruptcy … Continue reading →

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Sale Proceeds: Better Get the Carve-Out Right the First Time

Posted on December 2, 2014 by BankruptcyRealEstateInsights

In re Stacy’s, Inc., 508 B.R. 370 (Bankr. D. S.C. 2014) – A debtor sold substantially all of its assets after negotiating with its primary secured creditor for carve-outs from the sale proceeds for administrative priority and general unsecured claims.  When … Continue reading →

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