Leases: How About Those Attorneys’ Fees?
In re FKA FC, LLC, 545 B.R. 567 (Bankr. W.D. Mich. 2016) –
A chapter 11 debtor sought to assume and assign a lease. The debtor contended that the cost to cure defaults under the lease was $0. The landlord objected arguing among other things that the cure costs should have included the attorneys’ fees it incurred as a result of the bankruptcy. Continue reading
In re Tosi, 546 B.R. 487 (Bankr. D. Mass 2016) –
A mortgagee objected to a proposed chapter 13 plan which provided that the debtor’s title to the mortgaged property would automatically vest in the mortgagee if the debtor and his wife were not able to sell the property within 90 days after the plan became effective. The bankruptcy court concluded that the plan did not satisfy the requirements for treatment of a secured claim and could not be confirmed over the objection of the mortgagee. Continue reading
In re Montalvo, 546 B.R. 880 (Bankr. M.D. Fl. 2016) –
A chapter 13 debtor moved for sanctions against a condominium as one for violations of the automatic stay and discharge injunction based on collection of condominium assessments. The court’s decision turned on whether the condo declaration was a covenant running with the land or merely a personal contractual relationship. Continue reading
A chapter 11 liquidating trustee and a bond trustee brought an adversary proceeding against the Marion County Commission (Commission) as the issuer of bonds to avoid certain transfers made in connection with the bonds. The bankruptcy court ruled against the plaintiffs on one count, but effectively gave them the relief they ask for in connection with a second count. Continue reading
A secured creditor filed a motion to designate an unsecured creditor’s claim and disallow the creditor’s vote in favor of a plan of reorganization. The bankruptcy court granted the motion in part and denied in part. The parties cross appealed and the Bankruptcy Appellate Panel affirmed in part, reversed in part, and vacated in part. The secured creditor then appealed to the 9th Circuit. Continue reading
In re Tempnology, LLC, 542 B.R. 50 (Bankr. D. N.H.) –
After lining up a stalking horse bidder and holding on auction, a chapter 11 debtor sought court approval of a sale of substantially all of its assets prior to confirming a plan of reorganization. The bankruptcy court approved the sale over the objections of the losing bidder. Continue reading
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