Tag Archives: bankruptcy procedures

Post-Petition Interest: Not Very Predictable

Posted on August 22, 2014 by BankruptcyRealEstateInsights

Prudential Ins. Co. of Am. v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC), 748 F.3d. 393 (1st Cir. 2014) – A senior mortgagee battled the debtor and a junior mortgagee over its entitlement to post-petition … Continue reading →

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Bankruptcy Sales and Leases: “Free And Clear” May Not Be So “Free And Clear”

Posted on August 8, 2014 by BankruptcyRealEstateInsights

Dishi & Sons v. Bay Condos LLC, 510 B.R. 696 (S.D.N.Y. 2014) – In approving the sale of a Chapter 11 debtor’s assets, a bankruptcy court found that a tenant of the debtor was entitled to continue in possession of … Continue reading →

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Post-Petition Interest: Default Rate Is Not a Slam Dunk

Posted on August 1, 2014 by BankruptcyRealEstateInsights

In re Residential Capital, LLC, 508 B.R. 851 (Bankr. S.D.N.Y. 2014) – An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected, arguing that the lender should be limited to the … Continue reading →

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Homestead (And Other) Exemptions: Some Fraud Counts More Than Others

Posted on July 11, 2014 by BankruptcyRealEstateInsights

Law v Siegel, 134 Sup.Ct. 1188, 188 L.Ed.2d 146 (2014) – A bankruptcy court ordered that a debtor’s homestead exemption be surcharged to pay the attorney’s fees of a Chapter 7 incurred in overcoming the debtor’s fraud. The order was affirmed … Continue reading →

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Title Insurance: May Not Solve As Many Problems As You Might Expect

Posted on July 8, 2014 by BankruptcyRealEstateInsights

Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) – In the context of the bankruptcy proceeding to determine the validity of a mortgage, the mortgagee filed a third-party … Continue reading →

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Foreclosure Sale: In a Race With a Bankruptcy Filing, Who Wins?

Posted on June 27, 2014 by BankruptcyRealEstateInsights

RBS, Inc. v. Bell (In re Bell), 507 B.R. 898 (S.D. W.Va. 2014) – The purchaser at a foreclosure sale sought relief from the automatic stay to complete the sale. The bankruptcy court denied the request on the basis that … Continue reading →

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