News & Analysis as of September 19, 2024

Mortgages › Cramdown

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Bankruptcy Topics In Distressed Real Estate

Dorsey & Whitney LLP on 7/7/2021

Bankruptcy cases involving commercial real estate present a multitude of problems. Those problems typically arise in the context of voluntary cases filed under chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1532...more

Fourth Circuit Provides Relief to Chapter 13 Debtors for Some Underwater Mortgages

Ward and Smith, P.A. on 6/5/2019

In a victory for Chapter 13 debtors, the United States Court of Appeals for the Fourth Circuit recently issued a major decision that changes the way bankruptcy courts in North Carolina will deal with certain home mortgages in...more

Fourth Circuit Hands Victory to Lenders in Chapter 13 Mortgage Case

Ward and Smith, P.A. on 3/8/2017

The United States Court of Appeals for the Fourth Circuit—which covers federal courts in North Carolina—recently handed a victory to residential real estate lenders dealing with borrowers who file for Chapter 13 bankruptcy...more

Cramdown Hurdles Round 3: Try, Try Again

Troutman Pepper on 6/17/2015

In re Ramz Real Estate Co., LLC, 510 B.R. 712 (Bankr. S.D.N.Y. 2013) – An undersecured mortgagee objected to a debtor’s proposed plan of reorganization on several grounds, including that (1) the plan was not approved by...more

Plan Confirmation Feasibility: “I Know It When I See It”?

Troutman Pepper on 5/6/2015

In re Brandywine Towhouses, Inc., 524 B.R. 889 (Bankr. N.D. Ga. 2014) – The debtor was a nonprofit that owned a low and moderate income housing cooperative. It proposed a plan of reorganization that contemplated...more

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