Tag Archives: sale procedures

Standing to Appeal Sale: “Person Aggrieved” Is In the Eye of the Beholder

Posted on August 23, 2013 by BankruptcyRealEstateInsights

Gentile v. DeGiacomo (In re Gentile), 492 B.R. 580 (1st Cir. BAP 2013) – A chapter 7 trustee sought c0urt approval to sell several investment properties.  The debtors objected, arguing that the sales should be suspended until a pending state court appeal … Continue reading →

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Credit Bid: “This Is Not Rocket Science”

Posted on June 28, 2013 by BankruptcyRealEstateInsights

Fire Eagle L.L.C. v. Bischoff (In re Spillman Dev. Group Ltd.), 710 F.3d 299 (5th Cir. 2013) – A bank made loans to the debtor to finance construction of a golf course.  The loans were secured by senior liens on the … Continue reading →

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363 Sales: Watch It – A Good Faith Deposit May Not Be As Reliable For Protection As You Thought

Posted on May 7, 2013 by BankruptcyRealEstateInsights

The Brown Publ’g Co. Liquidating Trust v. Brown Media Corp. (In re Brown Publ’g Co.), 486 B.R. 46 (Bankr. E.D.N.Y. 2013) – A stalking horse (BMC) was the winning bidder in a section 363 bankruptcy sale.  After the sale to BMC failed … Continue reading →

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Bankruptcy Sales: Can LLC Interests Be Sold Over a Member’s Objections?

Posted on April 12, 2013 by BankruptcyRealEstateInsights

Horizons A Far, LLC v. Richard Webber (In re Soderstrom), 484 B.R. 874 (M.D. Fla. 2013) – The debtors (Soderstroms) owned 50% of Plaza N 15 Partners, LLC.  The bankruptcy trustee (Webber) proposed to sell the debtors’ interests in the limited … Continue reading →

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Sales “Free and Clear”: What is an “Interest”?

Posted on March 19, 2013 by BankruptcyRealEstateInsights

In re Mundy Ranch, Inc., 484 B.R. 416 (Bankr. D. N.M. 2012) – In Mundy Ranch, a corporate debtor moved to sell real estate that it owned free and clear of interests under Section 363(f) of the Bankruptcy Code.  A … Continue reading →

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Of Sales and Leases: Can a Bankrupt Landlord Sell Free and Clear of a Tenant’s Interest?

Posted on January 29, 2013 by BankruptcyRealEstateInsights

In re Zota Petroleums, LLC, 42 B.R. 154 (Bankr. E.D. Va. 2012) – Zota addresses the interaction between (1) a sale free and clear of interests under Section 365(f) of the Bankruptcy Code and (2) a tenant’s right to retain possession under … Continue reading →

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