Mastan v. Salamon (In re Salamon)
Apr
06
2015
Ruling
Trustee no longer held a secured claim after postpetition nonjudicial foreclosure of subject property.
Issue(s)
Did the bankruptcy court properly deny the chapter 7 trustee's claim that had been secured by property that was subsequently the subject of a nonjudicial foreclosure?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re B.R. Brookfield Commons No. 1 LLC
Nov
04
2013
Ruling
Claim based on second mortgage on shopping mall securing nonrecourse loan properly held to be valid.
Issue(s)
Did bankruptcy court err in holding that second mortgage, a nonrecourse loan, on a shopping center in which there was no equity at the time of the bankruptcy filing, was valid.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re River Canyon Real Estate Invs. LLC
Jul
29
2013
Ruling
Section 1111(b) election by one member of two member class was invalid as not made by "more than half" of class.
Issue(s)
Whether only one member of a two-member class of secured creditors, with liens of equal priority on the same collateral, may validly make an election.
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Court
:
In re Padilla
Jan
30
2013
Ruling
Election of fully secured status filed before final order on disclosure statement hearing was timely.
Procedural posture
A creditor secured by a bankruptcy debtor's real property objected to the debtor's plan to cram down the creditor's claim and filed an election under 11 U.S.C.S. § 1111(b) to have its claim treated as fully secured. The debtor contended that the notice of election was not timely filed before the conclusion of the hearing on the debtor's disclosure statement.
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Court
:
In re LichtinWade LLC
Dec
19
2012
Ruling
Creditor with claim that was not listed as disputed, contingent or unliquidated and agreed with that designation was not required to file proof of claim.
Procedural posture
Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. A secured creditor asked the court to disallow a claim filed by another creditor, contending that the claim was untimely under 11 U.S.C.S. § 502(b)(9). The court held a hearing on the creditor's motion.
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Court
:
In re Hawkins
Aug
28
2012
Ruling
Late filed proof of claim allowed where debtor amended schedules prior to proof of claim deadline to no longer list claim as disputed, so that claim was deemed filed.
Procedural posture
Before the court was a Motion to Allow Late Filed Claim and to Allow Claim for Voting Purposes filed by a bank. An Objection to Bank's Motion was filed by debtor. A hearing was held and the court took the matter under advisement.
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Court
:
In re Greenwich Sentry LP
Jun
01
2012
Ruling
Scheduled funds that failed to file proofs of claim despite extension of bar date were not entitled to share in distribution.
Procedural posture
Debtor investment partnerships filed petitions under chapter 11 of the Bankruptcy Code, and the court appointed a trustee to liquidate the debtors' assets. Movant hedge funds sought an order declaring that they were holders of allowed limited partner interests and were entitled to distributions under the debtors' bankruptcy plans. The trustee for the debtors' liquidating trusts filed an opposition to the funds' motion.
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Court
:
- 11 U.S.C.
In re Warkentin
Aug
16
2011
Ruling
Amended claim including postpetition attorneys' fees and costs allowed over debtor's objection.
Procedural posture
Chapter 11 debtor objected to an amended claim filed by the holder of a deed of trust on the debtor's real property.
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Court
:
In re Red Mt. Mach. Co.
Jun
02
2011
Ruling
Creditor who made 1111(b) election was entitled to stay pending appeal.
Procedural posture
Secured creditor bank filed an appeal from an order confirming the chapter 11 debtor's first amended plan of reorganization, and requested a stay pending appeal pursuant to Fed. R. Bankr. P. 8005. The debtor objected to the stay pending appeal.
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Court
:
In re Montgomery Ward LLC
Mar
09
2011
Ruling
Res judicata did not bar plan administration in debtor's second chapter 11 case from challenging the nature of debtor's lease with creditor that was assumed in the first case.
Procedural posture
Appellant plan administrator objected to claims filed by appellee creditor in a debtor's Chapter 11 proceeding. The bankruptcy court entered summary judgment for the creditor on the administrator's challenge to the nature of a lease and granted summary judgment for the administrator as to mortgage and common area maintenance (CAM) claims. The United States District Court for the District of Delaware affirmed. The parties appealed.
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Court
:
Judge or Jurisdiction information not available