In re Bordeaux Ventures, LLC, No. 3:25-BK-02702, 2025 WL 2967288 (Bankr. M.D. Tenn. Oct. 17, 2025), illustrates some of the risks and strategies a secured creditor might consider when a real estate debtor files a bankruptcy case to stay an impending foreclosure.
Navigating the SARE Runway: A Secured Creditor’s Perspective
Many single asset real estate (SARE) bankruptcies will check some or all of the boxes for a bad faith filing. The timing of a SARE filing commonly suggests an intent to delay, as SARE filings are generally a last resort to stay foreclosure. Nevertheless, courts may be reluctant to dispose of these cases as bad faith filings, absent particularly egregious circumstances evidencing patent abuse of the bankruptcy process.
By
Allison Arotsky
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