Tag Archives: sale procedures

Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance

Posted on December 30, 2015 by BankruptcyRealEstateInsights

Baker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 784 F.3d 978 (5th Cir. 2015) – An undersecured mechanic’s lien claimant contended that it was entitled to elect to treat its claim as fully secured under Section 1111(b) of … Continue reading →

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Chapter 11 Sales: Believe It Or Not, There Really Are Limits

Posted on August 12, 2015 by BankruptcyRealEstateInsights

In re P.D.M. Co., 523 B.R. 558 (Bankr. W.D. Mich. 2015) – Two affiliated chapter 11 debtors sought court approval of a sale of all of their assets out of the ordinary course of business free and clear of claims.  The bankruptcy … Continue reading →

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Credit Bidding: Not An Absolute Right (And What Does That Mean?)

Posted on July 29, 2015 by BankruptcyRealEstateInsights

In re RML Dev., Inc., 528 B.R. 150 (Bankr. W.D. Tenn. 2014) – A mortgagee sought to modify a sale order to (1) modify the bid procedures and (2) confirm that it had a right to credit bid.

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Sale Orders: Ignore at Your Peril, Even After the Bankruptcy Case is Closed

Posted on February 27, 2015 by BankruptcyRealEstateInsights

Bombart v. The Family Center at Sunrise, LLC, 520 B.R. 300 (S.D. Fla. 2014) – The owner of assets purchased in a bankruptcy sale sought to reopen a closed bankruptcy case to obtain an order enjoining the owner of the debtor … Continue reading →

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Real Estate Sales: Fixtures Can Be In the Eye of the Beholder (a/k/a Boilerplate Matters)

Posted on February 3, 2015 by BankruptcyRealEstateInsights

In re Trackwell, 520 B.R. 788 (Bankr. W.D. Mo. 2014) – The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets.  The debtors disagreed.  Resolution of the dispute turned on … Continue reading →

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Bankruptcy Sales: “It Ain’t Over ’Til It’s Over”

Posted on January 20, 2015 by BankruptcyRealEstateInsights

Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) – Two companies that acquired assets in a bankruptcy auction moved to reopen the case to clarify ambiguities in the … Continue reading →

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