Monthly Archives: September 2012

Can Default Interest And Late Fees Be Excluded From Secured Claims? … Maybe, Maybe Not

In re 785 Partners LLC, 470 B.R. 126 (S.D.N.Y. Bankr. 2012) – Although the general rule is that creditors are not entitled to post-petition interest and fees, that is not necessarily the case for an over-secured lender. In 785 Partners, the … Continue reading

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Lease Assumption: What if the Store Has Gone “Dark”?

Androse Assoc. of Allaire, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.), 472 B.R. 666 (S.D.N.Y. 2012) – In A&P, the landlord objected to a debtor’s motion to assume the lease for … Continue reading

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