News & Analysis as of September 24, 2024

Mortgages › Reorganizations

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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 +

New York Bankruptcy Court Raises the Cost of Keeping Funded Debt: Debtor Needs to Pay Default Interest Rate in Reinstatement of...

Kramer Levin Naftalis & Frankel LLP on 9/15/2023

What Happened? One fundamental question in any restructuring relates to the treatment of funded debt obligations, like mortgages. When the cost of prepetition debt is higher than the prevailing market rates, a debtor may...more

Selected Risk Retention Questions and Answers for CMBS Securitizations

JD Supra Perspectives on 8/23/2016

On October 22, 2014, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, the Federal Housing...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

Post-Confirmation: Ignoring Court Orders Is Not A Good Idea

Troutman Pepper on 1/23/2015

In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) – The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans. When the servicer for some of the...more

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