Tag Archives: claim determination

Surety Bonds: Direct Claims v Derivative Claims – Who Knew?

Posted on February 13, 2015 by BankruptcyRealEstateInsights

New Bern Riverfront Dev., LLC v Weaver Cooke Constr., LLC (In re New Bern Riverfront Dev. LLC), 521 B.R. 718 (Bankr. E.D.N.C. 2014) – The debtor made claims against a surety that issued a performance bond in connection with a construction … Continue reading →

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Attorney Fees: Following Local Law Can Mean the Difference Between Collecting or Not

Posted on February 10, 2015 by BankruptcyRealEstateInsights

Southside, LLC v SunTrust Bank (In re Southside, LLC), 520 B.R. 914 (Bankr. N.D. Ga. 2014) – A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the … Continue reading →

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Lease Damage Claim: Federal or State Law – Flip A Coin?

Posted on February 6, 2015 by BankruptcyRealEstateInsights

Broadfoot v. Jamestown Mgmt. Corp. (In re Int’l BioChemical Indus., Inc.), 521 B.R. 395 (Bankr. N.D. Ga. 2014) – A chapter 7 trustee objected to the claim of a creditor/lessor on the basis that it should be disallowed because the lessor failed … Continue reading →

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Proof of Claim: Foreign Qualification Requirements May Be More Important Than You Thought

Posted on January 16, 2015 by BankruptcyRealEstateInsights

In re Flex Fin. Holding Co., 518 B.R. 891 (Bankr. D. Kan. 2014) – A landlord filed a proof of claim for ~$1.34 million for a debtor’s prepetition breach of its lease.  The debtor objected based on the landlord’s failure to qualify … Continue reading →

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Construction Contracts: Nothing Beats a Meeting of the Minds

Posted on December 30, 2014 by BankruptcyRealEstateInsights

Waldschmidt v. Singletary Construction LLC (In re Tackett), 516 B.R. 498 (Bankr. M.D. Tenn. 2014) – A bankruptcy trustee sought turnover of profits from the sale of homes constructed by a contractor.  The trustee contended that there were contracts between the … Continue reading →

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Mortgage Modifications: Senior Loans May Become Not So Senior

Posted on October 24, 2014 by BankruptcyRealEstateInsights

Sperry Assoc. Fed. Credit Union v. US Bank Nat’l Ass’n (In re White), 514 B.R. 365 (Bankr. E.D.N.Y. 2014) – A junior mortgagee sought to subordinate the senior mortgage loan based on an argument that modification of the senior loan … Continue reading →

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