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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Tag Archives: cramdown
Designating Votes: Selfish Informed Self Interest v. Untoward Advantage
Pacific Western Bank v. Fagerdala USA-Lompoc, Inc. (In re Fagerdala USA-Lompoc, Inc.), 891 F.3d 848 (9th Cir. 2018) – A secured creditor sought to block a Chapter 11 plan of reorganization by purchasing claims from some of the creditors in the … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, cramdown, plan of reorganization
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Manufactured Home Loans: Deciding Whether the Chapter 13 Anti-Modification Provision Applies Can Be A Vexatious Issue
The Paddock, LLC v. Bennett (In re Bennett), 584 B.R. 15 (8th Cir. B.A.P. 2018) – The debtors proposed a chapter 13 plan that modified the rights of a creditor whose claim was secured by their manufactured home. The creditor objected … Continue reading
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
Posted in Financing, Real Estate
Tagged claim determination, cramdown, plan of reorganization
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Plan Valuation of Secured Claims: What Happens When Foreclosure Value Is Higher Than Without Foreclosure?
First Southern Nat’l. Bank v. Sunnyslope Housing Ltd. P’ship. (In re Sunnyslope Housing Ltd. P’ship.), 859 F.3d 637 (9th Cir. 2017) – A creditor appealed a bankruptcy court order valuing a secured claim at $3.9 million for purposes of a … Continue reading
Property Tax Claims: One More Effort to Collect As Much Is Possible
Metro. Govt. of Nashville & Davidson County v. Hildebrand (In re Corrin), 849 F.3rd 653 (6th Cir. 2017) – A debtor’s chapter 13 plan proposed to pay 12% interest on an oversecured delinquent property tax claim. The taxing authority objected … Continue reading
Secured Claim Cramdown: You Can Try Fighting, But Is It Worth It?
RGW Properties of Beaver County, Inc., 564 B.R. 489 (Bankr. W.D. Pa. 2017) – A Chapter 11 debtor sought confirmation of its plan of reorganization over the objection of its primary secured creditor. The mortgagee argued that (1) the property … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, cramdown, financing, plan of reorganization
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