Tag Archives: sale procedures

Credit Bids: Buyer Beware

Posted on April 1, 2020 by BankruptcyRealEstateInsights

Emerald Capital Advisors v. Victory Park Capital Advisors, LLC (In re KII Liquidating, Inc.) 607 B.R. 398 (D. Del. 2019) – A chapter 11 unsecured creditors’ committee sought to recharacterize or equitably subordinate and to avoid claims for advances made … Continue reading →

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Chapter 7 Sales: The Debtor May Be Pretty Much Irrelevant

Posted on December 11, 2019 by BankruptcyRealEstateInsights

Pasley v. Keats (In re Pasley), 603 B.R. 6 (6th Cir. BAP 2019) – A chapter 7 trustee sought to sell real estate owned by the debtor’s limited liability company (LLC). When the bankruptcy court entered an order approving the sale … Continue reading →

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Sale Orders: What Constitutes a Collateral Attack?

Posted on December 4, 2019 by BankruptcyRealEstateInsights

Fulmer v. Fifth Third Equipment Finance Co., 931 F.3d 730 (8th Cir. 2019) – A chapter 7 trustee sued more than 20 defendants alleging more than a dozen causes of action based on an allegation that a higher price could have … Continue reading →

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Bankruptcy Sale: Maximizing Bankruptcy Estate Assets Trumps Contractual Obligations

Posted on September 11, 2019 by BankruptcyRealEstateInsights

Gluckstadt Holdings, L.L.C. v. VCR I, L.L.C. (In re VCR I, L.L.C.), 922 F.3d 323 (5th Cir. 2019) – The bankruptcy court granted a Chapter 7 trustee’s motion to approve holding a public auction and selling property of the debtor free … Continue reading →

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Bankruptcy Sales: Highest Is Not Always Best

Posted on August 28, 2019 by BankruptcyRealEstateInsights

In re 160 Royal Palm, LLC, 600 B.R. 119 (S.D. Fla. 2019) – A bankruptcy court granted the debtor’s motion to withdraw a public auction sale procedure that it had already approved and to instead to approve a private sale of … Continue reading →

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Appeals of “Sale” Orders: Sometimes They Are Moot and Sometimes They Are Not

Posted on May 22, 2019 by BankruptcyRealEstateInsights

Fenicle v. Energy Future Holdings Corp. (In re Energy Future Holding Corp.), 596 B.R. 473 (D. Del. 2019) – Parties representing “Unmanifested Asbestos Claims” sought to appeal a bankruptcy court order confirming a plan of reorganization that included a sale of … Continue reading →

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