Justin Michael Luna’s Answers

What state is the property located in? Generally speaking, the filing of the Chapter 11 petition before a sheriff's sale will stop the sale, however, as my colleges have pointed out, whether you are able to save this property long term is a function of a number of other facts. My answer may also change depending on what state law says with respect to this issue as well, which varies from state to state.

I echo the other responses below. You have a number of legal issues with moving factual parts as they pertain to a thorough Chapter 11 analysis: (i) motions to value: (ii) injunctions/releases through a confirmed plan; (iii) classification of claims; (iv) feasibility; (v) new value; (vi) liquidating plan; and other state law corporate issues. Best bet is to contact an experienced bankruptcy attorney near you.

What type of Visa do you have?

Check to see who owns the note. It is most likely that BOA is the servicer of the loan.

The answer to the question is entirely case and fact sensitive. I presume your firm is giving DIP loans only on a secured and/or super priority basis and not any other context. I know a number of cases that if you are willing to take the risk on an "admin claim" basis only, you would have folks flocking to your door. If you are seeking only on secured, the question will largely be based on the equity in the Debtor's collateral.

File a claim. If they don't object you have voting rights on a proposed plan. May create leverage.

Is the case still active? File a proof of claim if the deadline has not passed. If you are seeking damages then this puts the burden on them to object to your claim. If you are looking to actually litigate the merits then see the other posts about liquidating your claim. Ask a bankruptcy about the status of the claim as priority.

Too vague on the details. Have they alleged specific causes of action (i.e. fraudulent transfers)?