Chapter 11 Questions
Posted: Mon Aug 21, 2017 11:38 pm
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________________________________
Orantes go@gobklaw.com [cdcbaa]
Sent: Monday, August 21, 2017 4:51:48 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Chapter 11 Questions
Who is your Judge?
On Mon, Aug 21, 2017 at 4:47 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] wrote:
Corporation has filed C11
Corporation has only 2 shareholders: Mr. and Mrs. X
Estate includes 50% interest in single family residence (SFR)
Mrs. X has owned the other 50% interest in SFR at all relevant times
Mr. and Mrs. X have lived in SFR at all relevant times
Assume that I have an unrelated consenting impaired class
Assume no equity in SFR
Assume liquidation value of estate is $0
Questions:
1. Can Plan restructure the loan despite only 50% ownership?
2. Can Plan restructure loan even though shareholder/resident owns the other 50%?
3. Can I strip junior liens despite only 50% ownership?
4. Do I need Court approval for Mrs. X to transfer her 50% of SFR to the debtor without consideration while case is pending?
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem
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Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
Toll Free: 888-BK PRO 4U (888-257-7648)
www.TilemLaw.com
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Orantes Law Firm, P.C.
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