Tag Archives: plan of reorganization

Bankruptcy Plan: Burgeoning “New Value” Competitive Bidding Requirement

Posted on May 24, 2013 by BankruptcyRealEstateInsights

In re Castleton Plaza, LP, 707 F.3d 821 (7th Cir. 2013) – A debtor that owned a shopping center proposed a plan of reorganization that gave the spouse of the debtor’s owner 100% of the equity of the reorganized debtor in … Continue reading →

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Classification of Mortgage Deficiency: The Difference Between a Veto Right and Disenfranchisement

Posted on April 16, 2013 by BankruptcyRealEstateInsights

In re 18 RVC, LLC, 45 B.R. 492 (Bankr. E.D.N.Y. 2012) – A chapter 11 debtor proposed to place a mortgagee’s deficiency claim into a separate class from general unsecured claims so that the deficiency claim could not prevent the unsecured class … Continue reading →

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Secured Claims: What Does it Take to Extinguish a Lien Through a Plan?

Posted on March 29, 2013 by BankruptcyRealEstateInsights

In re Omega Optical, Inc., 476 B.R. 157 (Bankr. E.D.Pa. 2012) – A bank filed a proof of claim in a bankruptcy that erroneously identified its claim as unsecured.  After confirmation of a chapter 11 plan of reorganization that treated the claim … Continue reading →

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Mortgagee “Cramdown”: Sometimes You Just Can’t Win

Posted on March 22, 2013 by BankruptcyRealEstateInsights

Fed. Nat’l Mortgage Ass’n v. Village Green I, GP, 483 B.R. 807 (W.D. Tenn. 2012) – Fannie Mae objected to a “cramdown” plan of reorganization, arguing that (i) the accepting class of creditors was artificially impaired, (ii) the modification of its … Continue reading →

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Treatment Under A Plan of Reorganization: What Does It Take To Discharge A Mortgage?

Posted on October 2, 2012 by BankruptcyRealEstateInsights

Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 473 B.R. 695 (S.D. Miss. 2012) – In S. White Transportation, by remaining silent until after confirmation, a mortgagee managed to retain its lien notwithstanding the … Continue reading →

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Chapter 11 Secured Loans: “Lien Stripping” Lives

Posted on August 21, 2012 by BankruptcyRealEstateInsights

In re Heritage Highgate, Inc., 679 F.3d 132 (3rd Cir. 2012) – In Heritage Highgate, the secured claims of a group of investors were valued at zero for purposes of treatment in a plan of reorganization, with the result that their … Continue reading →

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