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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: plan of reorganization
Cramdown Plan of Reorganization: “Dirt-For-Debt”
In re Investors Lending Group, LLC, 489 B.R. 307 (Bankr. S.D. Ga. 2013) – The treatment of a bank’s claim under a Chapter 11 plan of reorganization became the last issue that required resolution in order to confirm the proposed plan. … Continue reading
Plan Options and the Absolute Priority Rule: What Is the Difference Between an Individual and an Entity Debtor (If Any)?
In re Lively, 717 F.3d 406 (5th Cir 2013) – An individual debtor that ended up in chapter 11 bankruptcy after his debts exceeded the chapter 13 limits proposed a plan of reorganization that allowed him to keep all of his … Continue reading
Pre-Bankruptcy Stay Waiver: Who Cares, It’s Not Enforceable Anyway – Right?
In Re 4848, LLC, 490 B.R. 343 (Bankr. E.D. Wis. 2013) – The debtor had entered into a forbearance agreement with its mortgage lender that included a stipulation that the lender would be entitled to relief from the automatic stay if … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, cramdown, financing, foreclosure, plan of reorganization
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Friendly Creditor: On What Basis Can a Plan Vote Be Disregarded?
In re Marble Cliff Crossing Apartments, LLC, 485 B.R. 849 (Bankr. S.D. Ohio 2013) – A secured creditor (MTGLQ) challenged the votes of another creditor that purchased claims on the grounds that either (1) the creditor should be treated as an … Continue reading
Artificial Impairment of Claims: Can The Tail Wag The Dog in Confirming a Plan?
Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.), 710 F.3d 239 (5th Cir. 2013) – To confirm the debtor’s proposed plan of reorganization over the mortgage lender’s objections, the … Continue reading
Prime-Plus Cramdown Rate: You Can Forget Market Reality
Wells Fargo Bank Nat’l Ass’n v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), 710 F.3d (5th Cir. 2013) – In this case the debtors proposed a plan of reorganization for four hotel properties. The … Continue reading
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