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).

Constructive Notice of Bankruptcy: When Is A Mailing Address Good Enough?

Posted on May 16, 2014 by BankruptcyRealEstateInsights

In re Cunningham, 506 B.R. 334 (Bankr. E.D.N.Y. 2014) – A mortgagee continued with foreclosure of a mortgage after the debtor filed bankruptcy because it was not aware of the filing. When the debtor later sought to vacate the foreclosure … Continue reading →

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

Post Confirmation Loan Documents: What Happens If The Parties Don’t Agree?

Posted on May 13, 2014 by BankruptcyRealEstateInsights

In re Chatham Parkway Self Storage, LLC, 507 B.R. 13 (Bankr. S.D. Ga. 2014) – The provisions in a confirmed chapter 11 plan of reorganization dealing with an allowed secured claim (1) outlined the post confirmation loan terms and (2) provided that … Continue reading →

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

Landlord Stub Rent Claim: Administrative Priority Or Not?

Posted on May 9, 2014 by BankruptcyRealEstateInsights

In re Oreck Corp., 506 B.R. 500 (Bankr. M.D. Tenn. 2014) – A commercial landlord sought allowance of its claim for “stub rent” as an administrative expense – either because of the requirement that lease obligations be timely performed prior … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Landlord Lease Claims: Avoiding the Statutory Cap – Round 2

Posted on May 6, 2014 by BankruptcyRealEstateInsights

In re Healthy Hut Inc., 506 B.R. 526 (Bankr. D. Haw. 2014) – Prior to bankruptcy the debtor vacated leased space before the end of the lease term. The landlord filed a proof of claim in the bankruptcy. The debtor … Continue reading →

Posted in Real Estate | Tagged | Leave a comment

Landlord Lease Claims: Avoiding the Statutory Cap – Round 1

Posted on May 1, 2014 by BankruptcyRealEstateInsights

In re Denali Family Services, 506 B.R. 783 (Bankr. D. Alaska 2014) – The debtor objected to an amended proof of claim filed by its landlord after the debtor, arguing that the claim exceeded the statutory limit under Section 502(b)(6) of the … Continue reading →

Posted in Real Estate | Tagged | Leave a comment

Pre-Petition Default Interest: Don’t Take Anything For Granted

Posted on April 29, 2014 by BankruptcyRealEstateInsights

In Re Shree Mahalaxmi, Inc., 503 B.R. 794 (Bankr. W.D. Tex. 2014) – After a mortgage lender learned of a pre-petition default during a bankruptcy, it filed an amendment to its proof of claim to add pre-petition default interest. The … Continue reading →

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