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).

Attorney Fees: Following Local Law Can Mean the Difference Between Collecting or Not

Posted on February 10, 2015 by BankruptcyRealEstateInsights

Southside, LLC v SunTrust Bank (In re Southside, LLC), 520 B.R. 914 (Bankr. N.D. Ga. 2014) – A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Lease Damage Claim: Federal or State Law – Flip A Coin?

Posted on February 6, 2015 by BankruptcyRealEstateInsights

Broadfoot v. Jamestown Mgmt. Corp. (In re Int’l BioChemical Indus., Inc.), 521 B.R. 395 (Bankr. N.D. Ga. 2014) – A chapter 7 trustee objected to the claim of a creditor/lessor on the basis that it should be disallowed because the lessor failed … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Real Estate Sales: Fixtures Can Be In the Eye of the Beholder (a/k/a Boilerplate Matters)

Posted on February 3, 2015 by BankruptcyRealEstateInsights

In re Trackwell, 520 B.R. 788 (Bankr. W.D. Mo. 2014) – The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets.  The debtors disagreed.  Resolution of the dispute turned on … Continue reading →

Posted in Bankruptcy Sales, Real Estate | Tagged | Leave a comment

Real Estate Cases: You May Want to Think Twice Before You File

Posted on January 30, 2015 by BankruptcyRealEstateInsights

Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  – A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It … Continue reading →

Posted in Financing, Real Estate | Tagged , , | Leave a comment

Real Estate Cases: Bad Faith Filing Does Not Necessarily Mean That You Are A Bad Person

Posted on January 27, 2015 by BankruptcyRealEstateInsights

In re Sterling Bluff Investors, LLC, 515 B.R. 902 (Bankr. S.D. Ga. 2014) – A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay.  It contended that the debtor filed … Continue reading →

Posted in Financing, Real Estate | Tagged , , | Leave a comment

Post-Confirmation: Ignoring Court Orders Is Not A Good Idea

Posted on January 23, 2015 by BankruptcyRealEstateInsights

In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) – The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans.  When the servicer for some of the loans continued to ignore the terms of … Continue reading →

Posted in Financing, Real Estate | Tagged , , | Leave a comment