Monthly Archives: August 2014

Bankruptcy Sales and Leases: “Free And Clear” May Not Be So “Free And Clear”

Dishi & Sons v. Bay Condos LLC, 510 B.R. 696 (S.D.N.Y. 2014) – In approving the sale of a Chapter 11 debtor’s assets, a bankruptcy court found that a tenant of the debtor was entitled to continue in possession of … Continue reading

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Environmental Claims: Twenty Years Later

In re Solitron Devices, Inc., 510 B.R. 890 (Bankr. S.D. Fla. 2014) – A Chapter 11 debtor moved to reopen its bankruptcy case more than 15 years after it was closed in order to enforce the plan confirmation order to … Continue reading

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Post-Petition Interest: Default Rate Is Not a Slam Dunk

In re Residential Capital, LLC, 508 B.R. 851 (Bankr. S.D.N.Y. 2014) – An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected, arguing that the lender should be limited to the … Continue reading

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