"Cure by Sales" in bankruptcy- free and clear of such interest

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http://wassonthornhill.com/sell-real-estate-chapter-13/ 

andrea@wassonthornhill.com leeann@wassonthornhill.com

http://www.bakerdonelson.com/files/Uploads/Documents/FurrSwitzer.pdf  atl attornies

https://www.wieb.uscourts.gov/sites/default/files/chambers/svk/LouJones/...  powes to sell

http://www.ilnb.uscourts.gov/sites/default/files/opinions/Otha_Isaac.pdf

Cotton on conversion   http://www.leagle.com/decision/198619565BR130_1163/IN%20RE%20LENNON

Mortgage payments http://www.leagle.com/decision/In%20BCO%2020090109531/IN%20RE%20DUNN

In re Newton, 161 B.R. 207, 217 (Bankr. D. Minn. 1993) (“§1322(b)(8), which allows a plan to "provide for the payment of all or part of a claim . . . from property of the estate or property of the debtor," explicitly contemplates sale proceeds as a source of payment.”); In re Ratmansky, 7 Bankr. 829, 832 (Bankr. E.D. Pa. 1980).

 

  • You may be able to cram down your mortgage. In Chapter 13, you can ask the judge to reduce the amount you owe on certain types of investment property to the property's current value. For example, if you owe $100,000 but the property is worth only $50,000, you can ask the judge to reduce your debt to $50,000. This is called a cramdown, and it isn't available for your residence, only for property you don't use as your home. There's a major drawback to getting a cramdown, however: You have to pay back the entire new loan amount during your three- to five-year repayment plan. For most debtors, coming up with this much money in just a few years is next to impossible.  

 

 

 

For a proposed cure-by-sale to pass muster, the debtor must make certain objective commitments in the plan, and meet any objection to confirmation by shouldering the burden of production of evidence at a hearing. The plan should specify the terms under which the debtor proposes to market the property, including the listing price and the length and commencement date of the listing agreement. It also should incorporate a default remedy to relieve the affected mortgagee(s) from the automatic stay, if the sale does not close by the end of the proposed cure period. If an affected mortgagee objects to confirmation, the debtor must produce evidence as to past marketing efforts, the state of the market for the subject asset, current sale prospects, the existence and maintenance of any "equity cushion" in the property, and all other circumstances that bear on whether the creditor will see its way out of the case financially whole. If the debtor cannot produce anything more than remote speculation as to the terms or date of a sale; if market conditions are eroding the value of the collateral; if the debtor's efforts at a sale are not directed or energetic enough; or if any other factors demonstrate that the creditor will not receive the value of its secured rights within a circumscribed, specified, and "reasonable" cure period, the court cannot confirm the plan. E.g., In re Gavia, 24 B.R. at 574; In re Seem, 92 B.R. 134, 135-136 (Bankr.E.D.Pa.1988); In re Hogue, 78 B.R. at 872-873; In re Vieland, 41 B.R. 134, 140-141 (Bankr.N.D.Ohio 1984); In re Tucker, 34 B.R. 257, 262-263 (Bankr.W.D.Okla.1983). Its proposal for cure-by-sale as vague and terse as it is, the Newtons' plan raises all of the uncertainty proscribed by these decisions. Their abbreviated presentation for the confirmation hearing did not prove up the likelihood of a prompt sale and cure.

The Bankruptcy Code defines “individual with regular income” as an “individual whose income is sufficiently stable and regular to enable such individual to make payments under a plan under chapter 13 of this title,

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STAMFORD — Four months after filing for bankruptcy and ousting its president, Seaboard Realty is seeking court approval to sell eight office, apartment and hotel properties in and around Stamford.
“We are pleased with the progress made to stabilize the Seaboard properties in advance of the sale process,” said Marc Beilinson, Seaboard’s chief restructuring officer, in a statement. “These properties are located in highly desirable locations and have already received substantial interest from buyers.”