Mortgage Can Be Modified By Ch. 11 Plan, Even If Debtor Is Not Indebted, But Cram-Down Limited

Today we review a situation where a 50% interest in mortgaged commercial real estate was transferred without the consent of the lender, and the new tenant-in-common owner subsequently filed a Chapter 11 case and attempted to modify the payment terms of the mortgage loan to which he is not a party.

7 minute read December 01, 2024 at 01:05 AM
By
Andrew C. Kassner and Joseph N. Argentina Jr.
Mortgage Can Be Modified By Ch. 11 Plan, Even If Debtor Is Not Indebted, But Cram-Down Limited

By Andrew C. Kassner and Joseph N. Argentina Jr.

As the old saying goes — interesting facts make interesting law.

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