Tag Archives: bankruptcy procedures

LLC Operating Agreement: Is A Purchase Option Enforceable Against A Bankrupt Member?

Posted on September 26, 2014 by BankruptcyRealEstateInsights

In re Denman, 513 B.R. 720 (Bankr. W.D. Tenn. 2014) – A chapter 13 debtor was a member of a limited liability company. Another member sought relief from the automatic stay in order to exercise a right to acquire the … Continue reading →

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Credit Bid (Round 2): What Does It Take to Show “Cause”?

Posted on September 16, 2014 by BankruptcyRealEstateInsights

In re Charles Street African Methodist Episcopal Church of Boston, 510 B.R. 453 (Bankr. D. Mass. 2014) – In connection with a proposed sale of real property, a chapter 11 debtor sought to prohibit the mortgagee from submitting a credit bid. It … Continue reading →

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Credit Bid: Loan-to-Own Strikes Out

Posted on September 12, 2014 by BankruptcyRealEstateInsights

In re The Free Lance-Star Publ’g Co. of Fredericksburg, VA, 512 B.R. 798 (Bankr. E.D. Va. 2014) – After the debtors obtained court approval of bidding procedures to auction substantially all of their assets, a secured creditor sought a court … Continue reading →

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Abandonment: When Property Drops Out of the Bankruptcy Estate

Posted on September 9, 2014 by BankruptcyRealEstateInsights

In re Rich, 510 B.R. 366 (Bankr. D. Utah 2014) – In a case that was converted from a chapter 11 reorganization to a chapter 7 liquidation, the debtor sought an order directing the trustee to abandon certain real estate, arguing that … Continue reading →

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Fraudulent Transfer: A Case Where Strong Arm Powers Were “An Inch Too Short”

Posted on August 29, 2014 by BankruptcyRealEstateInsights

Casey v. Rotenberg (In re Kenny G Enterprises, LLC), 512 B.R. 628 (C.D. Cal. 2014) – A Chapter 11 trustee sought to avoid a transfer of property under Section 544 of the Bankruptcy Code that occurred after (1) the bankruptcy petition … Continue reading →

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Lease Termination: Do You Really Mean It?

Posted on August 26, 2014 by BankruptcyRealEstateInsights

In re 2408 W. Kennedy, LLC, 512 B.R. 708 (Bankr. M.D. Fla. 2014) – A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor objected, arguing that it … Continue reading →

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