Tag Archives: bankruptcy procedures

Entireties Property, Etc.: Who Can Grab the Rents?

Posted on June 24, 2014 by BankruptcyRealEstateInsights

In re Adams, 506 B.R. 688 (Bankr. E.D.N.C. 2014) – An individual debtor owned commercial real estate with his wife as tenants by the entireties and co-owned some rental properties with his son as tenants in common. The chapter 7 trustee … Continue reading →

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Stay Pending Appeal: Some Days A Stay Is Easier to Obtain Than Others

Posted on June 20, 2014 by BankruptcyRealEstateInsights

A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (7th Cir. 2014) – Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed.  Both the bankruptcy court and district court denied … Continue reading →

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Bankruptcy Sale: No Stay Pending Appeal, Then No Appeal?

Posted on June 13, 2014 by BankruptcyRealEstateInsights

Rushton v. ANR Company, Inc. (In re C.W. Mining Co.), 740 F.3d 548 (10th Cir. 2014) – After a chapter 7 trustee sold assets of the debtor in a bankruptcy sale, he sought to dismiss various pending appeals involving issues relating … Continue reading →

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Bankruptcy Estate: When Is A Joint Venture A Partnership (And Who Cares)?

Posted on June 6, 2014 by BankruptcyRealEstateInsights

Bank of England v. Rice (In re Webb), 742 F.3d 824 (8th Cir. 2014) – A chapter 7 trustee sought to enjoin a bank from enforcing its security interest in rice and farming equipment that the trustee contended were assets of … Continue reading →

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Upsetting a Bankruptcy Auction: Money Talks

Posted on May 30, 2014 by BankruptcyRealEstateInsights

In re Sunland, Inc., 507 B.R. 753 (Bankr. D. N.M. 2014) – After a bankruptcy auction to sell a peanut manufacturing plant concluded, but before a court hearing to approve the sale, a chapter 7 trustee received a substantially higher bid … Continue reading →

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Rents in Bankruptcy: Grab While You Can and You May Hold A Winning Hand

Posted on May 27, 2014 by BankruptcyRealEstateInsights

In re Madison Heights Group, LLC, 506 B.R. 728 (Bankr. E.D. Mich. 2013) – A mortgagee exercised its assignment of rents prior to bankruptcy. After a Chapter 11 case was filed, the debtor sought court authority to use rents from the … Continue reading →

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