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).

Nonresidential Leases: What Does It Take To Avoid Deemed Rejection?

Posted on August 19, 2015 by BankruptcyRealEstateInsights

In re Simbaki, Ltd., 520 B.R. 241 (Bankr. S.D. Tex. 2014) – A chapter 11 debtor sought to assume a restaurant lease.  The landlord objected, arguing among other things that the lease was not timely assumed and so was deemed rejected.

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Chapter 11 Sales: Believe It Or Not, There Really Are Limits

Posted on August 12, 2015 by BankruptcyRealEstateInsights

In re P.D.M. Co., 523 B.R. 558 (Bankr. W.D. Mich. 2015) – Two affiliated chapter 11 debtors sought court approval of a sale of all of their assets out of the ordinary course of business free and clear of claims.  The bankruptcy … Continue reading →

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Officer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse

Posted on August 5, 2015 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), 777 F.3d 620 (3rd Cir. 2015) – The debtor was a nonprofit corporation that operated a nursing home.  The chapter 11 unsecured creditors committee brought proceedings against former … Continue reading →

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Credit Bidding: Not An Absolute Right (And What Does That Mean?)

Posted on July 29, 2015 by BankruptcyRealEstateInsights

In re RML Dev., Inc., 528 B.R. 150 (Bankr. W.D. Tenn. 2014) – A mortgagee sought to modify a sale order to (1) modify the bid procedures and (2) confirm that it had a right to credit bid.

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Claim Amount: It Pays To Pay Attention

Posted on July 22, 2015 by BankruptcyRealEstateInsights

In re Walker, 526 B.R. 187 (E.D. La. 2015) – The bankruptcy court (1) denied a mortgage lender’s request to file a late amendment to a proof of claim that had been filed on its behalf by the debtor and (2) … Continue reading →

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Good Faith Deposit: Who Gets To Keep the Cash?

Posted on July 15, 2015 by BankruptcyRealEstateInsights

Lawrence v. Commonwealth of Ky. Transportation Cabinet (In re Shelbyville Road Shoppes, LLC), 775 F.3d 789 (6th Cir. 2015) – A chapter 7 trustee sought return of a “good faith” deposit made prior to bankruptcy in connection with a proposed purchase of … Continue reading →

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