Tag Archives: financing

Foreclosure Sale: In a Race With a Bankruptcy Filing, Who Wins?

Posted on June 27, 2014 by BankruptcyRealEstateInsights

RBS, Inc. v. Bell (In re Bell), 507 B.R. 898 (S.D. W.Va. 2014) – The purchaser at a foreclosure sale sought relief from the automatic stay to complete the sale. The bankruptcy court denied the request on the basis that … Continue reading →

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Missing Mortgage Details: At the End of the Day These Mortgages Survived

Posted on June 17, 2014 by BankruptcyRealEstateInsights

In re Crane, 742 F.3d 702 (7th Cir. 2013) – Chapter 7 trustees sought to avoid mortgages in two separate cases using their strong-arm powers. They argued that failure to include the loan maturity date and interest rate in the … Continue reading →

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Bankruptcy Estate: When Is A Joint Venture A Partnership (And Who Cares)?

Posted on June 6, 2014 by BankruptcyRealEstateInsights

Bank of England v. Rice (In re Webb), 742 F.3d 824 (8th Cir. 2014) – A chapter 7 trustee sought to enjoin a bank from enforcing its security interest in rice and farming equipment that the trustee contended were assets of … Continue reading →

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Fraudulent Transfer: How Can A Warehouse Lender Qualify For The Good Faith Exception?

Posted on June 3, 2014 by BankruptcyRealEstateInsights

Gold v. First Tennessee Bank Nat’l Ass’n (In re Taneja), 743 F.3d 423 (4th Cir. 2014) – A liquidating trustee under a plan of reorganization sought to recover 12 payments totaling ~$4 million made by the debtor–mortgage broker to a bank … Continue reading →

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Rents in Bankruptcy: Grab While You Can and You May Hold A Winning Hand

Posted on May 27, 2014 by BankruptcyRealEstateInsights

In re Madison Heights Group, LLC, 506 B.R. 728 (Bankr. E.D. Mich. 2013) – A mortgagee exercised its assignment of rents prior to bankruptcy. After a Chapter 11 case was filed, the debtor sought court authority to use rents from the … Continue reading →

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Post Confirmation Loan Documents: What Happens If The Parties Don’t Agree?

Posted on May 13, 2014 by BankruptcyRealEstateInsights

In re Chatham Parkway Self Storage, LLC, 507 B.R. 13 (Bankr. S.D. Ga. 2014) – The provisions in a confirmed chapter 11 plan of reorganization dealing with an allowed secured claim (1) outlined the post confirmation loan terms and (2) provided that … Continue reading →

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