Monthly Archives: February 2016

Default Interest: Do Not Take Enforceability for Granted

Posted on February 24, 2016 by BankruptcyRealEstateInsights

Default Interest: Do Not Take Enforceability for Granted Bowles Sub Parcel A, LLC v. Wells Fargo Bank, N.A. (In re Bowles Sub Parcel A, LLC), 790 F.3d 897 (8th Cir. 2015) – The chapter 11 debtors obtained prepetition CMBS loans … Continue reading →

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Chapter 13 Plan: How to Really Get Rid of Unwanted Property

Posted on February 17, 2016 by BankruptcyRealEstateInsights

In re Zair, 535 B.R. 15 (Bankr. E.D.N.Y. 2015) – The debtors proposed a chapter 13 plan providing that certain real property was to be surrendered to the mortgagees and title to the property was to vest in the first … Continue reading →

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Environmental Contribution Claims: You Snooze, You Lose

Posted on February 10, 2016 by BankruptcyRealEstateInsights

ASARCO, LLC v. Celanese Chemical Corp., 792 F.3d 1203 (9th Cir. 2015) – ASARCO, as a successor to the owner of a Superfund site, sued CNA as the successor to a lessee that operated a sulfur dioxide plant on the site, … Continue reading →

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Landlord Debtor: The Cost of Rejection

Posted on February 3, 2016 by BankruptcyRealEstateInsights

In re Lake Dearborn, LLC, 534 B. R. 747 (Bankr. N.D. Ill. 2015) – A landlord debtor sought to reject unexpired food court leases, giving rise to tenant claims for rejection damages. The court was asked to determine the amount of … Continue reading →

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