Monthly Archives: July 2016

Leases: How About Those Attorneys’ Fees?

Leases: How About Those Attorneys’ Fees? In re FKA FC, LLC, 545 B.R. 567 (Bankr. W.D. Mich. 2016) – A chapter 11 debtor sought to assume and assign a lease. The debtor contended that the cost to cure defaults under … Continue reading

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When Is Involuntary Vesting Incompatible with Surrender? – When a Court Says So

In re Tosi, 546 B.R. 487 (Bankr. D. Mass 2016) – A mortgagee objected to a proposed chapter 13 plan which provided that the debtor’s title to the mortgaged property would automatically vest in the mortgagee if the debtor and … Continue reading

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Condominium Assessments: Dischargeable or Not?

In re Montalvo, 546 B.R. 880 (Bankr. M.D. Fl. 2016) – A chapter 13 debtor moved for sanctions against a condominium as one for violations of the automatic stay and discharge injunction based on collection of condominium assessments. The court’s … Continue reading

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Bond Financing Liens: Who’s on First?

Zucker v Wesbanco Bank, Inc. (In re Fairmont General Hospital, Inc.), 546 B.R. 659 (Bankr. N.D. W.Va. 2016) – A chapter 11 liquidating trustee and a bond trustee brought an adversary proceeding against the Marion County Commission (Commission) as the … Continue reading

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