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Bensalem Enterprises Group consists of five privately held companies. The shareholders of all of the companies are a husband and wife. The companies are each
Bensalem Enterprises Group consists of five privately held companies. The shareholders of all of the companies are a husband and wife. The companies are each in diverse business, including IT support, real estate investments, health insurance brokerage, the importing of supplies and equipment for restaurants, and the design and manufacture of small medical devises for home use. The real estate investment company is doing poorly because of three shopping centers that it owns but which have much vacancy because customers are making so many purchases online these days and foot traffic has decreased markedly. The fair market value of the three properties has decreased significantly since their purchase 10 years ago, and all of them have always been heavily mortgaged. The first property carries a mortgage of $7.5 million and has a current fair market value of $6 million. The second property carries a mortgage of $10 million and a current fair market value of $8 million. The third property carries a mortgage of $22 million and has a fair market value of $15 million. The company also owes $3 million to a construction company who provided extensive renovations recently to one of the buildings. The company has offered the properties to the lenders in exchange for marking the mortgages and notes as satisfied, but the lenders have rejected this offer. The owners want to get out of the real estate business and they would like the real estate company to file a bankruptcy petition. (1) What possible chapters (7, 11, 13) of the Bankruptcy Code should be considered as the basis for filing a bankruptcy petition? Why? What do you believe would be the best given the desire of the owners? (2) The company is the defendant in three personal injury lawsuits involving one of the shopping centers. The claims arise out of poor maintenance of the parking lot and sidewalks. If a bankruptcy petition is filed, what will happen with respect to the progress of that pending litigation against the company
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