Tag Archives: bankruptcy procedures

Bankruptcy Sales: “Free And Clear” Meets Tax Injunction Act

Posted on May 23, 2014 by BankruptcyRealEstateInsights

In re Old Carco LLC, 505 B.R. 151, (Bankr. S.D.N.Y. 2014) – A bankruptcy purchaser filed a motion with the bankruptcy court to prevent state tax authorities from using the debtor’s experience rating to determine purchaser’s unemployment insurance tax rate. … Continue reading →

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Affiliates and Insiders: Is A Limited Liability Company A Corporation (And Who Cares)?

Posted on May 20, 2014 by BankruptcyRealEstateInsights

Redmond v. CJD & Assocs., LLC (In re Brooke Corp.), 506 B.R. 560 (Bankr. D. Kan. 2014) – A preference defendant sought to amend its answer more than 21 months after the answer was filed to deny its “insider” status. … Continue reading →

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Constructive Notice of Bankruptcy: When Is A Mailing Address Good Enough?

Posted on May 16, 2014 by BankruptcyRealEstateInsights

In re Cunningham, 506 B.R. 334 (Bankr. E.D.N.Y. 2014) – A mortgagee continued with foreclosure of a mortgage after the debtor filed bankruptcy because it was not aware of the filing. When the debtor later sought to vacate the foreclosure … Continue reading →

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Post Confirmation Loan Documents: What Happens If The Parties Don’t Agree?

Posted on May 13, 2014 by BankruptcyRealEstateInsights

In re Chatham Parkway Self Storage, LLC, 507 B.R. 13 (Bankr. S.D. Ga. 2014) – The provisions in a confirmed chapter 11 plan of reorganization dealing with an allowed secured claim (1) outlined the post confirmation loan terms and (2) provided that … Continue reading →

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Pre-Petition Default Interest: Don’t Take Anything For Granted

Posted on April 29, 2014 by BankruptcyRealEstateInsights

In Re Shree Mahalaxmi, Inc., 503 B.R. 794 (Bankr. W.D. Tex. 2014) – After a mortgage lender learned of a pre-petition default during a bankruptcy, it filed an amendment to its proof of claim to add pre-petition default interest. The … Continue reading →

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Landlord Claims: Not All Administrative Expense Claims Are Equal

Posted on April 22, 2014 by BankruptcyRealEstateInsights

In re Davenport Beverage Corp., 505 B.R. 374 (Bankr. D. Mass. 2014) – A commercial landlord asked the bankruptcy court to allow its administrative expense claim in a chapter 11 case. The lease was deemed rejected while the bankruptcy case was … Continue reading →

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