Author Archives: BankruptcyRealEstateInsights

About BankruptcyRealEstateInsights

Vicki R. Harding was a partner in the Detroit office of Pepper Hamilton LLP who moved to Arizona seeking warmer weather. Ms. Harding continues to handle commercial transactions with an emphasis on real estate and bankruptcy issues (but no longer owns a snow shovel).

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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Default Interest: Do Not Take Enforceability for Granted

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

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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