Tag Archives: plan of reorganization

Cramdown Hurdles: How to Play the Classification Game (Or Not)

Posted on November 11, 2014 by BankruptcyRealEstateInsights

In re New Bride Missionary Baptist Church, 509 B.R. 85 (Bankr. E.D. Mich. 2014) – After the bankruptcy court denied confirmation of a debtor’s proposed chapter 11 plan of reorganization because there was no accepting impaired class, the debtor proposed … Continue reading →

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Environmental Claims: Twenty Years Later

Posted on August 5, 2014 by BankruptcyRealEstateInsights

In re Solitron Devices, Inc., 510 B.R. 890 (Bankr. S.D. Fla. 2014) – A Chapter 11 debtor moved to reopen its bankruptcy case more than 15 years after it was closed in order to enforce the plan confirmation order to … 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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Bankruptcy Sales: Acquiring Related Contracts (Whether the Debtor Cooperates or Not)

Posted on February 28, 2014 by BankruptcyRealEstateInsights

Popgrip, LLC v. Brown’s Chicken & Pasta, Inc. (In re Brown’s Chicken & Pasta, Inc.), 503 B.R. 86 (Bankr. N.D. Ill. 2013) – A debtor who was a restaurant franchisor sold substantially all of its assets in a bankruptcy auction.  The … Continue reading →

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Options for an Underwater Mortgagee: The Mysteries of an 1111(b) Election

Posted on December 31, 2013 by BankruptcyRealEstateInsights

In re River Canyon Real Estate Investments, LLC, 495 B.R. 526 (Bankr. D. Colo. 2013) – A chapter 11 debtor’s plan of reorganization placed two secured creditors in the same class.  (No one objected to this classification.) One of the creditors attempted … Continue reading →

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Treatment Under Plan of Reorganization: Mortgage Discharge May Take More Than You Might Expect

Posted on November 22, 2013 by BankruptcyRealEstateInsights

Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 725 F.3d 494 (5th Cir. 2013) – The 5th Circuit upheld the district court decision with the result that notwithstanding the debtor’s attempt to discharge a mortgage … Continue reading →

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