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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
Chapter 13 Residential Mortgages: Anti-Modification Round 3
In re Hueramo, 564 B.R. 604 (Bankr. N.D. Ill. 2017) – A chapter 13 debtor proposed a plan that bifurcated an undersecured mortgage loan into a secured claim and an unsecured claim. The mortgagee objected and moved for relief from … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, claim determination, cramdown, financing
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Chapter 13 Residential Mortgages: Anti-Modification Round 2
In re Addams, 564 B.R. 458 (Bankr. E.D. N.Y. 2017) – A lender holding a mortgage on a two unit structure occupied in part and rented in part by a chapter 13 debtor moved to dismiss the case. The lender … Continue reading
First Residential Mortgages: Do Not Take Anti-Modification Protection for Granted
In re Birmingham, 846 F.3d 88 (4th Cir. 2017) – A chapter 13 debtor sued his lender requesting a declaration that his chapter 13 plan could modify the lender’s mortgage on his primary residence. The bankruptcy court granted the lender’s … Continue reading
Cramdown Plan of Reorganization: Can A $2400 Tail Wag An $8.6 Million Dog?
Village Green I, GP v. Fed. Nat’l. Mortgage Ass’n. (In Re Village Green I, GP), 811 F.3d 816 (6th Cir. 2016) – The debtor sought confirmation of a plan of reorganization where the impaired accepting class consisted of two claims … Continue reading
Default Interest: There’s Prepetition Interest and Postconfirmation Plan Interest – Don’t Forget About What Happens in the Middle
Wells Fargo Bank, N.A. v. Beltway One Development Group, LLC (In re Beltway One Development Group, LLC), 547 B.R. 819 (9th Cir. BAP 2016) – A creditor objected to confirmation of a chapter 11 plan of reorganization because it did … Continue reading
Posted in Financing
Tagged bankruptcy procedures, claim determination, cramdown, financing, plan of reorganization
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When Is Involuntary Vesting Incompatible with Surrender? – When a Court Says So
In re Tosi, 546 B.R. 487 (Bankr. D. Mass 2016) – A mortgagee objected to a proposed chapter 13 plan which provided that the debtor’s title to the mortgaged property would automatically vest in the mortgagee if the debtor and … Continue reading
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