Perry Law Firm Bankruptcy

Bankruptcy and Security Interests in Green Fees and Driving Range Fees

The U.S. Bankruptcy Appellate Panel for the Ninth Circuit recently decided In re Premier Golf Prop., LP, 477 B.R. 767 (B.A.P. 9th Cir. 2012) which addressed the issue of whether “postpetition revenue from the Golf Club’s green fees and driving range fees [was] rents, proceeds, or profits of the Bank’s prepetition security, and therefore, [does] not constitute cash […]

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Rejecting Chapter 11 Plans

The 3rd Circuit recently held in In re Am. Capital Equip., LLC, 688 F.3d 145 (3d Cir. 2012) that a bankruptcy court has the authority to hold a Chapter 11 plan is unconfirmable at the disclosure statement stage (as opposed to holding a confirmation hearing) if the plan is patently unconfirmable. In the instant case, […]

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Foreclosure Efforts and Stay Relief

 In Kline v. Deutsche Bank, 472 B.R. 98 (B.A.P. 10th Cir. 2012) Deutsche Bank filed a foreclosure complaint and amended complaint against Kline in state court. Shortly thereafter Kline filed a Chapter 13 bankruptcy. Without notice of the bankruptcy action, Deutsche Bank served the amended complaint. After years of litigation the Bankruptcy Appellate Panel held […]

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Bankruptcy Abstention

One recurring issue in bankruptcy proceedings is who has jurisdiction between a bankruptcy court and a state court. There are intricate rules as to core and non-core proceedings, which influence the decision. But, to complicate matters even further, the Bankruptcy Code provides for circumstances when a bankruptcy court must abstain from exercising its jurisdiction, and […]

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