Desmond v. Green (In re Harborhouse of Gloucester, LLC), 505 B.R. 365 (Bankr. D. Mass. 2014) –
The assignee of a mortgage note that was lost prior to the assignment filed a secured proof of claim in a chapter 7 bankruptcy. The trustee asked the court to disallow the claim on the basis that the assignee was not entitled to enforce the note or the mortgage. Continue reading
In re Davenport Beverage Corp., 505 B.R. 374 (Bankr. D. Mass. 2014) –
A commercial landlord asked the bankruptcy court to allow its administrative expense claim in a chapter 11 case. The lease was deemed rejected while the bankruptcy case was pending, and the court’s decision turned in part on whether the expenses arose prior to or after rejection. Continue reading
A lender sought to recover a prepayment premium of $1.8 million after acceleration of a note due to the borrower’s payment default. After the bankruptcy court and district court disallowed the lender’s claim, it appealed to the 5th Circuit. Continue reading
In re NE Opco, Inc., 501 B.R. 233 (Bankr. D. Del. 2013) –
A municipal utility sought an administrative expense payment for the electricity and natural gas that it provided to the debtors during the 20 days prior to bankruptcy. The issue turned on whether electricity and natural gas constitute “goods.” Continue reading
In re Aikens, 503 B.R. 603 (Bankr. S.D.N.Y. 2014) –
A city housing authority sought a bankruptcy court order confirming that the automatic stay did not prevent it from continuing eviction proceedings where it had obtained a judgment of possession against a tenant before she filed bankruptcy. In response, the debtor contended that the automatic stay was still applicable, and further, she was not required to make a deposit that would normally be required as a condition of continued stay relief. Continue reading
Gordon v. Wells Fargo Bank, N.A. (In re Knight), 504 B.R. 668 (Bankr. N.D. Ga. 2014) –
A chapter 7 trustee sought to avoid a lien on the debtor’s interest in property by exercising his “strong arm” powers as a bona fide purchaser of real estate. The issue turned on whether the security deed had been properly witnessed, and thus whether it provided constructive notice of the lien to a bona fide purchaser under applicable state law. Continue reading
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