- 11 U.S.C.
Walk Hill/Canterbury Dev., LLC, In re
Apr
18
2019
Ruling
Court denied motion for an extension as debtor did not intend to file a plan of reorganizationand instead planned to seek dismissal of case after obtaining refinancing. (Bankr. D. Mass.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Single Asset Real Estate by Secured
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Court
:
- 11 U.S.C.
In re 231 Fourth Ave. Lyceum LLC
Feb
28
2014
Ruling
Relief from stay granted where debtor could not meet plan obligations.
Issue(s)
Was plan proposed by single asset real estate debtor confirmable and if not was creditor entitled to relief from stay?
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Court
:
- 11 U.S.C.
Phoenix Dev. & Land Inv. LLC v. SCBT
Apr
17
2012
Ruling
Bankruptcy court did not err by treating creditor's entire claim as secured in denying confirmation and granting relief from stay.
Procedural posture
Chapter 11 debtor challenged a decision of the U.S. Bankruptcy Court for the Middle District of Georgia, which denied confirmation of its chapter 11 plan of reorganization and granted appellee secured creditor's motion for relief from the automatic stay.
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Court
:
- 11 U.S.C.
In re Olde Prairie Block Owner LLC
Mar
14
2012
Ruling
Single asset real estate case dismissed due to inability to propose feasible plan.
Procedural posture
A secured creditor of chapter 11 debtor filed a motion to modify the stay pursuant to 11 U.S.C.S. § 362(d)(3) or in the alternative to dismiss the debtor's chapter 11 single asset real estate case.
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Court
:
- 11 U.S.C.
In re TTM MB Park LLC
Mar
12
2012
Ruling
Geographically separate properties could not be considered "single asset real estate."
Procedural posture
This case was before the court on a creditor's motion for a determination that debtor was subject to the single asset real estate provisions of 11 U.S.C.S. § 362(d)(3). The court held a hearing on the motion and took the matter under advisement.
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Court
:
- 11 U.S.C.
Meruelo Maddux Properties-760 S. Hill St. LLC v. Bank of Am. N.A. (In re Meruelo Maddux Props. Inc.)
Jan
27
2012
Ruling
District court properly reversed bankruptcy court holding to find that there is no "whole business enterprise" exception to single asset real estate provisions of the Bankruptcy Code.
Procedural posture
A bankruptcy court refused to apply the single asset real estate provisions of 11 U.S.C.S. §§ 101(51B), 362(d)(3), to appellant debtor and its sister subsidiaries. The U.S. District Court for the Central District of California reversed, holding there was no whole enterprise exception, and granted appellee creditor relief from the automatic stay. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Light Foot Group LLC
Nov
10
2011
Ruling
Debtor's five tracts of land constituted single asset real estate entitling creditor to relief from stay.
Procedural posture
This case filed under chapter 11 was before the court on the Joint Motion of two banks for a declaration that debtor was a single asset real estate entity subject to 11 U.S.C.S. § 362(d)(3). Debtor opposed the Motion, and at the conclusion of a hearing, at which debtor's manager testified, the court reserved decision.
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Court
:
- 11 U.S.C.
In re Riverbend Cmty. LLC
Nov
09
2011
Ruling
Debtor ordered to present amended, confirmable plan and pay postpetition interest to bank to avoid lifting of stay.
Procedural posture
Before the court in debtor's chapter 11 case was the motion of a bank for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(3). Debtor also sought approval of a sale to an insider.
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Court
:
- 11 U.S.C.
In re Bucktown Station LLC
Aug
17
2011
Ruling
Relief from stay denied to creditor bank in single asset real estate case where debtor's plan showed reasonable possibility of successful reorganization.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, indicating that its case involved single asset real estate, putting the case on a fast time line under 11 U.S.C.S. § 362(d)(3). Creditor bank moved to modify the stay.
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Court
:
- 11 U.S.C.
In re Prosperity Park LLC
May
17
2011
Ruling
Relief from stay to proceed against debtor's property granted where debtor's chapter 11 plan could not be confirmed.
Procedural posture
In a Chapter 11 bankruptcy case, a debtor filed a motion seeking to confirm its first amended disclosure statement and plan of reorganization. A bank filed a motion seeking relief from the automatic stay.
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Court
: