Tag Archives: claim determination

Environmental Claims: The Gift That Keeps On Giving

Posted on October 10, 2014 by BankruptcyRealEstateInsights

Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) – A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The district court dismissed the claims, and Asarco … Continue reading →

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Equitable Subrogation: “Complete and Perfect Justice” Requires Party To Be Without Fault

Posted on September 19, 2014 by BankruptcyRealEstateInsights

Ocwen Loan Servicing LLC v. Summit Bank, N.A. (In re Francis), 750 F.3d 754 (8th Cir. 2014) – A lender that attached the wrong legal description to its recorded mortgage sought equitable subrogation and/or reformation of the mortgage in order to … Continue reading →

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LLC Managers Beware: Get Involved With Member Distributions By an Insolvent LLC and You May Be Personally Liable

Posted on September 2, 2014 by BankruptcyRealEstateInsights

Vieira v. Harris (In re JK Harris & Co., LLC), 512 B.R. 562 (Bankr. D. S.C. 2012) – A chapter 7 trustee sued a manager of three limited liability company (LLC) debtors for breach of fiduciary duty and to hold the … Continue reading →

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Post-Petition Interest: Not Very Predictable

Posted on August 22, 2014 by BankruptcyRealEstateInsights

Prudential Ins. Co. of Am. v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC), 748 F.3d. 393 (1st Cir. 2014) – A senior mortgagee battled the debtor and a junior mortgagee over its entitlement to post-petition … Continue reading →

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Mortgage Enforcement: Dot Those “i”s and Cross Those “t”s – Or Else

Posted on August 19, 2014 by BankruptcyRealEstateInsights

In re Demers, 511 B.R. 233 (Bankr. D. R.I. 2014) – A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply … Continue reading →

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Environmental Claims: Twenty Years Later

Posted on August 5, 2014 by BankruptcyRealEstateInsights

In re Solitron Devices, Inc., 510 B.R. 890 (Bankr. S.D. Fla. 2014) – A Chapter 11 debtor moved to reopen its bankruptcy case more than 15 years after it was closed in order to enforce the plan confirmation order to … Continue reading →

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