Tag Archives: priority of interests

Agricultural Liens: Better Figure out the Right i’s To Dot and t’s to Cross

Posted on September 4, 2019 by BankruptcyRealEstateInsights

Fishback Nursery, Inc. v. PNC Bank, N. A., 920 F.3d 932 (5th Cir. 2019) – In this priority dispute two nurseries sold trees and shrubs to a commercial wholesale farm that went bankrupt. They claimed their agricultural liens in the debtor’s … Continue reading →

Posted in Financing | Tagged , , | Leave a comment

Liquor License Sales: Who Gets the Money?

Posted on February 27, 2019 by BankruptcyRealEstateInsights

In re Aqua Pesca, LLC, 588 B.R. 241 (Bankr. D. Alaska 2018) – A chapter 7 trustee sought bankruptcy court authorization to distribute proceeds from the sale of a liquor license. The trustee proposed to distribute proceeds pro rata to creditors … Continue reading →

Posted in Bankruptcy Sales | Tagged , , | Leave a comment

UCC Terminations: An “Oops” Filing Can Be Fatal

Posted on July 25, 2018 by BankruptcyRealEstateInsights

Crop Production Services, Inc. v. Wheeler (In re Wheeler), 580 B.R. 719 (Bankr. W.D. Ky. 2017) – A chapter 7 debtor was a farmer who obtained various loans for equipment and land and to put crops in the field. One of … Continue reading →

Posted in Financing | Tagged , , | Leave a comment

Structured Dismissal: Congress Does Not Hide Elephants in Mouseholes?

Posted on November 29, 2017 by BankruptcyRealEstateInsights

Czyzewski v. Jevic Holding Corp., 580 U.S. ____, 137 S.Ct. 973, __ L. Ed. 2d ___ (2017) – Settlement of LBO litigation led to a structured dismissal of a chapter 11 bankruptcy case that resulted in distributions to general unsecured creditors … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

PACA Claims: Beware of PACA Trusts Providing Special Protection to Perishable Agricultural Commodities Sellers

Posted on July 26, 2017 by BankruptcyRealEstateInsights

S & H Packing & Sales Co., Inc. v. Tanimura Distrib., Inc. (In re Tanimura, Distrib., Inc.), 850 F.3d 446 (9th Cir. 2017) – Produce growers who sold to a debtor/distributor on credit sued a factoring agent that acquired accounts … Continue reading →

Posted in Financing | Tagged , , | Leave a comment

Recording Requirements: When “Duly Acknowledged” Is Not Enough

Posted on August 31, 2016 by BankruptcyRealEstateInsights

DeGiacomo v. First Call Mortgage Company (In re Reznikov), 548 B.R. 606 (Bankr. D. Mass. 2016) – A chapter 7 trustee sought to avoid a recorded mortgage based on a defective acknowledgment and then to preserve the lien of the … Continue reading →

Posted in Financing, Real Estate | Tagged , , , | Leave a comment