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).

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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Loan Assignment: Surprise – A Successor Lender May Step into Only One Shoe

Posted on January 27, 2016 by BankruptcyRealEstateInsights

New Products Corp. v. Tibble (In Re Modern Plastics Corp.), 534 B.R. 723 (Bankr. W.D. Mich. 2015) – The assignee of a mortgage lender sued a former Chapter 7 trustee and his surety for claims based on breach of fiduciary duty. … Continue reading →

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Discharge Injunction: Secured Claims Can Ride through Bankruptcy Without Regard to a Discharge

Posted on January 20, 2016 by BankruptcyRealEstateInsights

Fonseca v. Gov’t. Employees Ass’n. (In re Fonseca), 534 B.R. 261 (Bankr. D. P.R. 2015) – An individual Chapter 7 debtor sued the Puerto Rico Government Employees Association (AEELA) alleging that it violated the discharge injunction. AEELA made a prepetition loan … Continue reading →

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UCC Financing Statements: The Ins and Outs of “Authorization”

Posted on January 13, 2016 by BankruptcyRealEstateInsights

Official Committee of Unsecured Creditors of the Adoni Group, Inc. v. Capital Business Credit, LLC (In re The Adoni Group, Inc.), 530 B.R. 592 (Bankr. S.D.N.Y. 2015) – A creditors’ committee claimed that a financing statement was void, so that the … Continue reading →

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Discharge Injunction: There May Be More Nuances Than You Think

Posted on January 6, 2016 by BankruptcyRealEstateInsights

Botson v. Citizens Banking Co. (In re Botson), 531 B.R. 719 (Bankr. N.D. Ohio 2015) – After a secured creditor refused to terminate a UCC‑1 financing statement and filed a UCC‑3 continuation statement instead, individual Chapter 7 debtors sued the creditor alleging … Continue reading →

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