Monthly Archives: March 2016

Escrow Funds: Who Gets to Keep the Cash?

Escrow Funds: Who Gets to Keep the Cash? In Re Cypress Health Systems Florida, Inc., 536 B.R. 334 (Bankr. N.D. Fla. 2015) – A Chapter 11 debtor filed a motion to require a title company to turn over a $50,000 … Continue reading

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Rents: The Battle Over Use of Rents to Pay Professionals

Wolf v. Firstmerit Bank, N.A. (In re Wolf), 535 B.R. 772 (N.D. Ill. 2015) – Chapter 11 debtors filed a motion to allow them to use rents to pay their professional fees over the objection of a bank that held … Continue reading

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Foreclosure Effects: Beware of State Laws

In re Anthony, 534 B. R. 834 (Bankr. M.D. Fla. 2015) – A debtor objected to a mortgage debt on the basis that the mortgage lien was invalid due to the mortgagee’s delay in foreclosing. The court held that the … Continue reading

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Leases: To Be or Not to Be a Nonresidential Lease

In re Memory Lane of Bremen, LLC, 535 B. R. 901 (Bankr. N.D. Ga.) – The chapter 11 debtors operated senior long-term care facilities on real property owned by a third party. The third party claimed that the debtors occupied the … Continue reading

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Lease Claims: Once Again, You Snooze You Lose

Bell v. Brothers Properties Smyrna, LLC (In Re Bell) – A landlord filed claims for prepetition rent and lease rejection damages after the general claims bar date. The chapter 13 trustee objected. The bankruptcy court considered whether it could use … Continue reading

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