Tag Archives: bankruptcy procedures

Sale Appeals: No Stay, No Appeal – Or Maybe Not

Posted on December 6, 2017 by BankruptcyRealEstateInsights

Brown v. Ellmann (In re Brown), 851 F.3d 619 (6th Cir. 2017) – After a chapter 7 trustee sold mortgaged residential property that had been surrendered by the debtor, the debtor claimed an exemption in the sale proceeds based on … Continue reading →

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Structured Dismissal: Congress Does Not Hide Elephants in Mouseholes?

Posted on November 29, 2017 by BankruptcyRealEstateInsights

Czyzewski v. Jevic Holding Corp., 580 U.S. ____, 137 S.Ct. 973, __ L. Ed. 2d ___ (2017) – Settlement of LBO litigation led to a structured dismissal of a chapter 11 bankruptcy case that resulted in distributions to general unsecured creditors … Continue reading →

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Surcharging Collateral: Amazing How Long People Can Fight over Money

Posted on November 8, 2017 by BankruptcyRealEstateInsights

Peters v. Clark (In re Bryan), 857 F.3d 1078 (10th Cir. 2017) – After a convoluted history of appeals and remands, issues relating to the sale of a residence by a chapter 7 trustee once again came before the 10th … Continue reading →

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Stale Debt and the FDCPA: Unenforceable Does Not Necessarily Mean No Payment

Posted on October 25, 2017 by BankruptcyRealEstateInsights

Midland Funding, LLC v. Johnson, ___ U.S. ____, 137 S. Ct. 1407, 197 L. Ed. 2d 790 (2017) – The question before the court was whether filing a bankruptcy proof of claim for a debt where the limitations period has run … Continue reading →

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Non-Recourse Loan Redux: Turning into Recourse and Back Again

Posted on October 18, 2017 by BankruptcyRealEstateInsights

Mastan v. Salamon (In re Salamon), 854 F.3d 632 (9th Cir. 2017) – A deed of trust creditor filed a claim in a Chapter 11 case contending that its nonrecourse loan was entitled to treatment as a recourse loan under section … Continue reading →

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Post-Confirmation Bankruptcy Sale Matters: Will the Bankruptcy Court Be Willing and Able to Referee?

Posted on September 27, 2017 by BankruptcyRealEstateInsights

Emerald Capital Advisors v. Karma Automotive LLC (In re FAH Liquidating Corp.), 567 B.R. 464 (Bankr. D. Del. 2017) – The trustee of a liquidating trust established under a plan of reorganization brought an action against a purchaser to enforce the … Continue reading →

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