Category Archives: Real Estate

Real Estate

Mortgage Assignee Claims: Hang on To That Promissory Note

Posted on October 24, 2018 by BankruptcyRealEstateInsights

In re Benyamin, 587 B.R. 243 (Bankr. S.D. N.Y. 2018) – Chapter 11 debtors objected to a proof of claim that appeared to be filed by a servicer on behalf of an assignee of the original mortgagee. The court considered both … Continue reading →

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

Shopping Center Leases: Some Ins and Outs of Use and Exclusivity Provisions

Posted on October 17, 2018 by BankruptcyRealEstateInsights

Toys “R” Us, Inc., 587 B.R. 304 (Bankr. E.D. Va. 2018) – The debtors sought court approval of the assumption and assignment of a shopping center lease. The landlord objected on the grounds that the assignment would not comply with exclusivity … Continue reading →

Posted in Real Estate | Tagged | Leave a comment

Leases: Prepetition Termination May Be A Get Out of Bankruptcy Free Card – Or Not

Posted on October 10, 2018 by BankruptcyRealEstateInsights

In re Indiana Hotel Equities, LLC, 586 B.R. 870 (E.D. Mich. 2018) – The debtor leased nonresidential real property under a lease that was terminated before the bankruptcy petition was filed. The lessor filed a motion seeking a bankruptcy court order … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Mortgagor Claims: There is A Limit to the Ability to Invoke the Assistance of Federal Courts

Posted on October 3, 2018 by BankruptcyRealEstateInsights

Zapotocky v. CIT Bank, N.A., 587 B.R. 589 (S.D.N.Y. 2018) – A former debtor sued a mortgagee in federal district court claiming a breach of contract by the lender and challenging a foreclosure judgment entered in state court. This is one … Continue reading →

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

Condominium Assessments: When Is Postpetition Really Prepetition?

Posted on September 26, 2018 by BankruptcyRealEstateInsights

Goudelock v. Sixty-01 Ass’n of Apartment Owners, 895 F.3d 633 (9th Cir. 2018) – A condominium association sought a determination of the dischargeability of a chapter 13 debtor’s personal liability for postpetition assessments on a condo unit. The bankruptcy court determined … Continue reading →

Posted in Real Estate | Tagged , | Leave a comment

Delinquent Property Tax Procedures: To Stay or Not to Stay

Posted on September 19, 2018 by BankruptcyRealEstateInsights

In re Administrative Order Regarding Sale of Tax Certificates by Florida Tax Collectors, FLMB 2018-1, 583 B.R. 794 (Bankr. M.D. Fla. 2018) – In response to repeated requests for comfort orders, a bankruptcy court issued a district wide administrative order confirming … Continue reading →

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