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).

Assignment of Rents: Absolute May Not Be So Absolute

Posted on February 21, 2013 by BankruptcyRealEstateInsights

In re MRI Beltline Industrial, L.P., 476 B.R. 917 (Bankr. N.D. Tex. 2012) – In MRI Beltline the debtor moved for authority to use rents received from tenants of commercial buildings that it owned, and for a “carve out” to permit … Continue reading →

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Mortgage Execution Errors: If You Make a Mistake, Try Not To Do It in Ohio

Posted on February 19, 2013 by BankruptcyRealEstateInsights

McClatchey v. GMAC Mortgage, LLC (In re Lacy), 483 B.R. 126 (Bankr. S.D. Ohio 2012) – Lacy is one more in a long list of cases where an Ohio mortgage was attacked based on defects in execution.  Although the Ohio statute … Continue reading →

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Lease Rejection Damages: How to Avoid the Cap (Maybe)

Posted on February 14, 2013 by BankruptcyRealEstateInsights

In re Energy Conversion Devices, Inc., 483 B.R. 119 (Bankr. E.D. Mich. 2012) – Damages arising from the rejection of a lease by a tenant in bankruptcy are subject to a cap under Section 502(b)(6) of the Bankruptcy Code.  In this … Continue reading →

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Tenant Security Deposits: You May Be Closer to Defalcation Than You Think

Posted on February 12, 2013 by BankruptcyRealEstateInsights

In re Hall, 483 B.R. 281 (Bankr. D. Conn. 2012) – In Hall a residential tenant argued that the debtor landlord’s failure to return a security deposit gave rise to a non-dischargeable debt in his chapter 7 bankruptcy.

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Attorneys’ Fees: Reasonable Is In the Eye of the Beholder

Posted on February 7, 2013 by BankruptcyRealEstateInsights

In re Sundale, Ltd., 483 B.R. 23 (Bankr. S.D. Fla. 2012) – Under Section 506(b) of the Bankruptcy Code, an oversecured mortgagee may be entitled to collect post-petition interest and reasonable attorney fees.  In Sundale there was a request for attorneys’ fees … Continue reading →

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Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 2)?

Posted on February 5, 2013 by BankruptcyRealEstateInsights

Huskey v. Citimortgage, Inc. (In re Huskey), 479 B.R. 827 (Bankr. E.D. Ark. 2012) – Even minor errors can potentially lead to avoiding a mortgage in a bankruptcy.  In this case the debtors tried several avenues of attack to avoid a … Continue reading →

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