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).

Proof Of Claim: Get Too Aggressive And Your Proof May Go Poof

Posted on April 4, 2014 by BankruptcyRealEstateInsights

In re Princeton Office Park, L.P., 504 B.R. 382 (Bankr. D. N.J. 2014) – Initially the bankruptcy court allowed the claim of a tax sale certificate purchaser. However, on reconsideration the court held that the purchaser forfeited the entire claim … Continue reading →

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Dragnet Clauses: Sometimes They Don’t Work as Hoped, and Sometimes They Do

Posted on April 1, 2014 by BankruptcyRealEstateInsights

In re Presser, 504 B.R. 452 (Bankr. S.D. Ohio 2014) – A judgment lien creditor objected to a joint debtors’ chapter 11 plan of reorganization based on a dispute with a mortgagee about whether its mortgages secured guaranty obligations of … Continue reading →

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Potential Sale of Jointly Owned Property: Practicable Partition Is Somewhere Between Possible and Practical

Posted on March 28, 2014 by BankruptcyRealEstateInsights

Higgason v. Brown (In re Brown), 506 B.R. 446 (Bankr. E.D. Ky. 2014) – A chapter 7 debtor owned real estate jointly with three other people as tenants in common. The chapter 7 trustee sought court approval to sell the entire property, … Continue reading →

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Impact of Lis Pendens: More Questions Than Answers

Posted on March 25, 2014 by BankruptcyRealEstateInsights

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Co. (In re Ute Mesa Lot 1, LLC), 736 F.3d 947 (10th Cir. 2013) – A chapter 11 debtor filed an adversary proceeding against its construction lender seeking to avoid as … Continue reading →

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Lease Assumption (and Rejection): It Ain’t So Until the Court Says So

Posted on March 21, 2014 by BankruptcyRealEstateInsights

In re Upper Crust, LLC, 502 B.R. 1 (Bankr. D. Mass. 2013) – In a bankruptcy case that was converted from chapter 11 to chapter 7, a landlord sought immediate payment or administrative priority for postpetition rents and rejection damages.  The trustee objected … Continue reading →

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Mortgagee Stay Relief: Wending a Path Through Adequate Protection and Dragnet Clauses

Posted on March 18, 2014 by BankruptcyRealEstateInsights

Magnolia Portfolio, LLC v. Dye (In re Dye), 502 B.R. 47 (Bankr. M.D. Pa. 2013) – A mortgagee sought relief from the automatic stay in order to pursue its state law remedies against properties securing seven defaulted loans.  The chapter 11 debtors … Continue reading →

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