Tag Archives: plan of reorganization

Chapter 11 Bankruptcy Sale: So Who Needs a Plan of Reorganization Anyway?

Posted on June 22, 2016 by BankruptcyRealEstateInsights

In re Tempnology, LLC, 542 B.R. 50 (Bankr. D. N.H.) – After lining up a stalking horse bidder and holding on auction, a chapter 11 debtor sought court approval of a sale of substantially all of its assets prior to … Continue reading →

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Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance

Posted on December 30, 2015 by BankruptcyRealEstateInsights

Baker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 784 F.3d 978 (5th Cir. 2015) – An undersecured mechanic’s lien claimant contended that it was entitled to elect to treat its claim as fully secured under Section 1111(b) of … Continue reading →

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Cramdown Hurdles Round 3: Try, Try Again

Posted on June 17, 2015 by BankruptcyRealEstateInsights

In re Ramz Real Estate Co., LLC, 510 B.R. 712 (Bankr. S.D.N.Y. 2013) – An undersecured mortgagee objected to a debtor’s proposed plan of reorganization on several grounds, including that (1) the plan was not approved by a proper impaired class … Continue reading →

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Plan Confirmation Feasibility: “I Know It When I See It”?

Posted on May 6, 2015 by BankruptcyRealEstateInsights

In re Brandywine Towhouses, Inc., 524 B.R. 889 (Bankr. N.D. Ga. 2014) – The debtor was a nonprofit that owned a low and moderate income housing cooperative.  It proposed a plan of reorganization that contemplated deferring payments to its mortgage lender … Continue reading →

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Post-Confirmation: Ignoring Court Orders Is Not A Good Idea

Posted on January 23, 2015 by BankruptcyRealEstateInsights

In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) – The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans.  When the servicer for some of the loans continued to ignore the terms of … Continue reading →

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Loan to Own: A Potpourri of Bankruptcy Attacks

Posted on November 25, 2014 by BankruptcyRealEstateInsights

Colony Beach & Tennis Club Ass’n, Inc. v. Colony Lender, LLC (In re Colony Beach & Tennis Club, Inc.), 508 B.R. 468 (Bankr. M.D. Fla. 2014) – Three affiliated debtors (RMI, CBTC and CBI) proposed a plan of reorganization that, among … Continue reading →

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