Real Estate Committee

ABI Committee News

In re DB Capital Holdings, LLC: Prepetition Ban on Bankruptcy Upheld in Unpublished B.A.P. Decision

Although a wealth of case law has found pre-petition bans on bankruptcy filings to be unenforceable as a matter of public policy, a recent unpublished decision from the Tenth Circuit Bankruptcy Appellate Panel (BAP) upheld a pre-petition ban included as an amendment to an operating agreement. [1] The debtor, DB Capital Holdings LLC, was organized under Colorado law as a manager-operated, limited liability company. The debtor was created to develop and sell a timeshare project in Aspen known as Dancing Bear Residences. The debtor had two members—a Class A member, Aspen HH Ventures LLC, and a Class B member, Dancing Bear Development LP (DB Development).

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Bankruptcy Battleground West Educational Materials

Take Advantage of the Interactive Bankruptcy Code and Rules - law.abi.org

29th Annual Spring Meeting - There's Still Time to Register!

ABI's 29th Annual Spring Meeting will be held March 31 - April 3, in National Harbor, Md. The Real Estate Committee will hold a session covering current and emerging issues in distressed real estate, and there will be a two-part session focusing on the mortgage financial crisis. With these panels and dozens of other presentations, the Annual Spring Meeting provides the opportunity for earning up to 15.75/18.5 CLE/CPE credits, including 3 ethics credits. Optional events, including a group outing to watch the Cleveland Cavaliers take on D.C.'s own Washington Wizards, and final night entertainment with LeAnn Rimes make this an event not to miss!

Click here to register!