Tag Archives: claim determination

Documents Under Seal: The Word “Seal” on a Preprinted Form May Be More Than a Vestige of Times Gone By (a/k/a 20 Years Is a Long Time)

Posted on February 19, 2020 by BankruptcyRealEstateInsights

In re George, 606 B.R. 236 (Bankr. E.D. Pa. 2019) – A chapter 13 debtor objected to the proof of claim filed by a lender asserting an unsecured claim based on the debtor’s guaranty. The debtor contended that the guaranty was … Continue reading →

Posted in Financing | Tagged | Leave a comment

Anti-Assignment Provisions: Restrictions on Transfer of Promissory Notes May Be More Enforceable Than You Might Expect

Posted on February 12, 2020 by BankruptcyRealEstateInsights

In re Woodbridge Group of Companies, LLC, 608 B.R. 201 (D. Del. 2019) – The debtor objected to a creditor’s proof of claim on the grounds that transfer of the claim to the creditor was unenforceable against the debtor because it … Continue reading →

Posted in Financing | Tagged , | Leave a comment

Attorney Liens: Possession of Cash Is Not Always the End of the Story

Posted on October 9, 2019 by BankruptcyRealEstateInsights

In re Venincasa, 601 B.R. 296 (Bankr. D. Mass 2019) – A law firm sought relief from the automatic stay so that it could release funds held in its IOLTA account to pay itself fees owed by the debtor. The chapter … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Sheriff’s Fees: Surprise, a Commission May Be Due for a Foreclosure Sale That Did Not Take Place

Posted on August 21, 2019 by BankruptcyRealEstateInsights

Dobin v. Golden (In re Smith), 599 B.R. 266 (Bankr. D. N.J.) – A chapter 7 trustee brought an adversary proceeding objecting to (1) a claim filed by a sheriff for a commission based on a prebankruptcy foreclosure sale that does … Continue reading →

Posted in Financing, Real Estate | Tagged , | Leave a comment

Liquor License Sales: Who Gets the Money?

Posted on February 27, 2019 by BankruptcyRealEstateInsights

In re Aqua Pesca, LLC, 588 B.R. 241 (Bankr. D. Alaska 2018) – A chapter 7 trustee sought bankruptcy court authorization to distribute proceeds from the sale of a liquor license. The trustee proposed to distribute proceeds pro rata to creditors … Continue reading →

Posted in Bankruptcy Sales | Tagged , , | Leave a comment

Mortgage Loans: Beware Time Bars on Enforcing a Note or Mortgage

Posted on February 20, 2019 by BankruptcyRealEstateInsights

In re Eastman, 588 B.R. 600 (Bankr. D. Colo. 2018) – A chapter 13 debtor objected to the proof of claim filed by a mortgagee. The primary issue was whether the applicable statute of limitations precluded recovery of delinquent payments that … Continue reading →

Posted in Financing, Real Estate | Tagged , | Leave a comment