Monthly Archives: April 2014

Pre-Petition Default Interest: Don’t Take Anything For Granted

Posted on April 29, 2014 by BankruptcyRealEstateInsights

In Re Shree Mahalaxmi, Inc., 503 B.R. 794 (Bankr. W.D. Tex. 2014) – After a mortgage lender learned of a pre-petition default during a bankruptcy, it filed an amendment to its proof of claim to add pre-petition default interest. The … Continue reading →

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Enforcing a Mortgage: A Lost Note May Result In a Lost Cause

Posted on April 25, 2014 by BankruptcyRealEstateInsights

Desmond v. Green (In re Harborhouse of Gloucester, LLC), 505 B.R. 365 (Bankr. D. Mass. 2014) – The assignee of a mortgage note that was lost prior to the assignment filed a secured proof of claim in a chapter 7 bankruptcy. … Continue reading →

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Landlord Claims: Not All Administrative Expense Claims Are Equal

Posted on April 22, 2014 by BankruptcyRealEstateInsights

In re Davenport Beverage Corp., 505 B.R. 374 (Bankr. D. Mass. 2014) – A commercial landlord asked the bankruptcy court to allow its administrative expense claim in a chapter 11 case. The lease was deemed rejected while the bankruptcy case was … Continue reading →

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Collecting A Prepayment Premium: Plain Language May Not Be So Plain

Posted on April 18, 2014 by BankruptcyRealEstateInsights

Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In re Denver Merchandise Mart, Inc.), 740 F.3d 1052 (5th Cir. 2014) – A lender sought to recover a prepayment premium of $1.8 million after acceleration of a note due to … Continue reading →

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Administrative Expenses: Are Electrons Movable So That Electricity Is a Good?

Posted on April 15, 2014 by BankruptcyRealEstateInsights

In re NE Opco, Inc., 501 B.R. 233 (Bankr. D. Del. 2013) – A municipal utility sought an administrative expense payment for the electricity and natural gas that it provided to the debtors during the 20 days prior to bankruptcy. The … Continue reading →

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Leases: The Special Case of a Governmental Landlord

Posted on April 11, 2014 by BankruptcyRealEstateInsights

In re Aikens, 503 B.R. 603 (Bankr. S.D.N.Y. 2014) – A city housing authority sought a bankruptcy court order confirming that the automatic stay did not prevent it from continuing eviction proceedings where it had obtained a judgment of possession … Continue reading →

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