Tag Archives: financing

Plan Requirements: What Can You Do When a Party Fails To Comply With a Plan? – Good Question

In re Fierke, 567 B.R. 322 (Bankr. W.D. Mich. 2017) – A chapter 13 debtor requested sanctions against a creditor for a delay in releasing its lien on the debtor’s manufactured home as required under the debtor’s confirmed plan. After … Continue reading

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“Duly Acknowledged” Is Not Enough: Play It Again Sam

James B. Nutter & Co. v. DeGiacomo (In re Reznikov), 567 B.R. 239 (D. Mass. 2017) – A chapter 7 trustee sought to avoid a mortgage – alleging that there was a defective acknowledgment certificate based on a failure to state … Continue reading

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Automatic Stay: Relief Permitting Foreclosure Does Not Give a Mortgagee Carte Blanche

Haugren v. Multibank 2009-1 CRE Venture, LLC (In re Laprade’s Marina, LLC), 566 B.R. 84 (Bankr. N.D. Ga. 2017) – A mortgagee that obtained relief from the automatic stay and conducted a nonjudicial foreclosure sale of the real estate securing … Continue reading

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Secured Claims: MERS Strikes Again, Or Maybe Not

Tamir v. U. S. Trustee, 566 B.R. 278 (D. Me. 2016) – A chapter 11 debtor filed objections to proofs of claim filed by holders of his mortgage notes. He argued that the banks did not have secured claims because … Continue reading

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PACA Claims: Beware of PACA Trusts Providing Special Protection to Perishable Agricultural Commodities Sellers

S & H Packing & Sales Co., Inc. v. Tanimura Distrib., Inc. (In re Tanimura, Distrib., Inc.), 850 F.3d 446 (9th Cir. 2017) – Produce growers who sold to a debtor/distributor on credit sued a factoring agent that acquired accounts … Continue reading

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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

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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

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