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).

Sale Contract for Mineral Interests: Speak Early and Often, Or Forever Hold Your Peace

Posted on March 14, 2014 by BankruptcyRealEstateInsights

Davis v. Dunmore Properties, Inc. (In re Davis), 503 B.R. 609 (Bankr. M.D. Pa. 2013) – After confirmation of their chapter 13 plan, two chapter 13 debtors filed motions for summary judgment seeking to reject a contract for sale of their mineral rights … Continue reading →

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Default Interest: Is a Mortgagee Entitled to Collect the Contract Rate, or Must It Be Reasonable?

Posted on March 11, 2014 by BankruptcyRealEstateInsights

In re Haldes, 503 B.R. 441 (Bankr. N.D. Ill. 2013) – An oversecured mortgagee’s proof of claim included default interest for the period from the date of the bankruptcy filing through confirmation of a plan of reorganization.  The debtor argued that … Continue reading →

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Environmental Enforcement: Sometimes Bankruptcy Provides a Respite, and Sometimes It Doesn’t

Posted on March 7, 2014 by BankruptcyRealEstateInsights

In re Edison Mission Energy, 502 B.R. 830 (Bankr. N.D. Ill. 2013) – Pre-bankruptcy the Sierra Club filed a citizen suit complaint with the Illinois Pollution Control Board (IPCB) against a power company requesting penalties and an order requiring it to … Continue reading →

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Bankruptcy Sales: Sometimes the Mortgagee Wins

Posted on March 4, 2014 by BankruptcyRealEstateInsights

In re CPJFK, LLC, 496 B.R. 290 (Bankr. E.D.N.Y. 2011) – A chapter 11 trustee sought court approval of a Section 363 sale of the debtor’s hotel to its secured creditor for a credit bid of ~$13.8 million.  The debtor raised … Continue reading →

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Bankruptcy Sales: Acquiring Related Contracts (Whether the Debtor Cooperates or Not)

Posted on February 28, 2014 by BankruptcyRealEstateInsights

Popgrip, LLC v. Brown’s Chicken & Pasta, Inc. (In re Brown’s Chicken & Pasta, Inc.), 503 B.R. 86 (Bankr. N.D. Ill. 2013) – A debtor who was a restaurant franchisor sold substantially all of its assets in a bankruptcy auction.  The … Continue reading →

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Bankruptcy Sales: “Free and Clear” – Round 2

Posted on February 25, 2014 by BankruptcyRealEstateInsights

In re Christ Hospital, 502 B.R. 158 (Bankr. D. N.J. 2013) – The buyer of a chapter 11 debtor’s assets sought to enforce a bankruptcy court order approving the sale “free and clear” of interests:  it asked the bankruptcy court to enjoin … Continue reading →

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