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CHAPTER 11 BANKRUPTCY 1111(b) ELECTION CASES AFTER PINEGATE

Pinegate Associates, Ltd.

Although Pinegate Associates, Ltd., 1976 U.S. Dist LEXIS 17366, 2 BCD 1478 (N.D. Ga. 1976) was decided under the Bankruptcy Act of 1898. However, it is an important case because the result – satisfaction of a non-recourse mortgagee’s secured claim with a small payment as a result of depressed real estate values and no deficiency claim for that mortgagee – led Congress to include section 1111(b) in the Bankruptcy Code.

 

Pinegate Associates, Ltd. Cases Where the 1111(b)(2) Election Was Made or Litigated

First Federal Bank of California v. Weinstein (In re Weinstein), 227 B.R. 284 (B.A.P. 9th Cir. 1998)

General Electric Credit Equities, Inc. v. Brice Road Developments, LLC 392 B.R. 274 (B.A.P. 6th Cir. 2008)

Saguaro Ranch Development Corp., et al., 2011 Bankr. LEXIS 2201 Bankr. D. Ariz. 2011)

Airadigm Communications, Inc. v. Federal Communications Commission 519 F.3d 640 (7th Cir. 2008)

River East Plaza, LLC, 669 F.3d 826 (7th Cir. 2012)

Baxley, 72 B.R. 195 (Bankr. D.S.D. 1986)

Wandler, 77 B.R. 728 (Bankr. D.N.D. 1987)

Mayslake Village-Plainfield Campus, Inc., 441 B.R. 309 (Bankr. N.D. Ill. 2010)

Bloomingdale Partners, 155 B.R. 961 (Bankr. N.D. Ill. 1993)

B. R. Brookfield Commons No. 1 LLC, et al., 735 F.3d 596 (7th Cir. 2013)