Tag Archives: claim determination

Landlord Liens: When Is Waiver and Subordination Not Waiver and Subordination?

Franklin County Area Dev. Corp. v. Edge Pennsylvania, LLC (In re Edge Pennsylvania, LLC), 580 B.R. 120 (Bankr. M.D. Pa. 2017) – A commercial landlord brought a state court action to determine the priority of its landlord lien versus a lender’s … Continue reading

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Cramdown: Can “Dirt-for-Debt” Qualify as the Indubitable Equivalent of a Secured Claim?

Bate Land Co. LP v. Bate Land & Timber LLC (In re Bate Land & Timber LLC), 877 F.3d 188 (4th Cir. 2017) – A Chapter 11 debtor sought approval of a plan of reorganization that included a partial “dirt-for-debt” treatment … Continue reading

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PACA Claims: Watch Out or the Tail Will Wag the Dog

In re Cherry Growers, Inc., 576 B.R.. 569 (Bankr. W.D. Mich. 2017) – A chapter 11 debtor that purchased agricultural produce but also earned income from non-Perishable Agricultural Act (PACA) sources sought court authorization to use cash collateral. A PACA claimant … Continue reading

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Debt Acceleration: If You Say It but Decide You Do Not Mean It, Better to Revisit and Say What You Do Mean

Wilmington Savings Fund Society, FSB v. Garza (In re Garza), 577 B.R. 258 (Bankr. S.D. Tex. 2017) – An assignee of debt secured by a deed of trust sought a determination of the validity and extent of its lien. The … Continue reading

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Married Individual Guarantor: Collecting from Property Subject to a Spouse’s Interest Can Be “Iffy”

First Community Bank v. Gaughan (In re Miller), 853 F.3d 508 (9th Cir. 2017) – A creditor obtained an Arizona judgment against the debtor arising from the guarantee which it recorded and registered in California. After the debtor filed bankruptcy … Continue reading

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Claiming Insurance Proceeds: Watch for State Law Twists and Turns

Park Restoration, LLC v. Erie Insurance Exchange (In re Trustees of Conneaut Lake Park, Inc.), 855 F.3d 519 (3rd Cir. 2017) – When the debtor’s property was destroyed by fire, the insurance company applied the insurance proceeds first to delinquent property … Continue reading

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

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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