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§ 552(b)

Gistis, In re--Hull v. Cenlar FSB

Jan
03
2020
Ruling
Claims seeking disgorgement of sale proceeds from debtor's sale were dismissed asmortgagee's lien on the property was extinguished upon payment of the debt. (Bankr. D. Me.)
Issue(s)
Post-petition Effect of Security Interest; Exceptions for Certain Security Interests.

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Consumer opinion summary, case decided on January 03, 2020 , LexisNexis #0220-044
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Skymark Props. II, In re

Feb
21
2019
Ruling
Debtor's cash collateral motion denied where rental income from debtor's tenants and theright to receive that income belonged entirely to the lender unless and until debtor fully paidits debt to lender or redeems debtor's real estate after a foreclosure sale. (Bankr. E.D. Mich.)
Issue(s)
Post-petition Effect of Security Interest; Exceptions for Certain Security Interests.

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Commercial opinion summary, case decided on February 21, 2019 , LexisNexis #0419-018
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Arnot v. Endresen (In re Endresen)

Apr
08
2016
Ruling
Bankruptcy court misapplied the equity exception under § 552(b)(1) by not awarding settlement funds to non-appearing lender.
Issue(s)
Did the bankruptcy court err when distributing settlement proceeds by awarding a portion to trustee rather than to non-appearing lender?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-027
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In re O&S Trucking Inc.

Jun
06
2014
Ruling
Agreed upon amount of proof of claim was not fixed on petition date.
Issue(s)
Was creditor entitled to claim additional amount of debt above the claim amount agreed upon with debtor on the petition date?

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Commercial opinion summary, case decided on June 06, 2014 , LexisNexis #0914-027
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In re Eng

Oct
29
2013
Ruling
Motion to prohibit use of cash collateral denied.
Issue(s)
Was creditor entitled to order prohibiting use, as cash collateral, of profits or rental fees of corporate entity controlled by debtor that operated a business on debtor's land, which was subject to an assignment of rents clause in favor of creditor.

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Consumer opinion summary, case decided on October 29, 2013 , LexisNexis #1113-089
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In re Milton Abeles LLC

Sep
20
2013
Ruling
Creditor could not claim interest in property in which it did not have a perfected security interest on petition date.
Issue(s)
Did creditor have a secured claim in the settlement proceeds of an avoidance proceeding based on a prepetition security interest in debtor's assets.

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Commercial opinion summary, case decided on September 20, 2013 , LexisNexis #1013-022
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