Tag Archives: claim determination

Post-Petition Interest: Default Rate Is Not a Slam Dunk

Posted on August 1, 2014 by BankruptcyRealEstateInsights

In re Residential Capital, LLC, 508 B.R. 851 (Bankr. S.D.N.Y. 2014) – An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected, arguing that the lender should be limited to the … Continue reading →

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Sale “Free and Clear”: Adequate Protection of Nothing is Nothing

Posted on July 29, 2014 by BankruptcyRealEstateInsights

In re Elk Grove Village Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014) – After substantially all of the debtors’ assets were sold in a bankruptcy sale, a secured lender and a state tax authority made competing claims for turnover … Continue reading →

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Lease Abatement: The Act of Eliminating or Nullifying

Posted on July 18, 2014 by BankruptcyRealEstateInsights

N. Providence, LLC v. Great Atlantic & Pacific Tea Co., Inc. (In re Great Atlantic & Pacific Tea Co., Inc.), 510 B.R. 42 (S.D.N.Y. 2014) – A lease provided that if the landlord failed to pay a construction allowance when … Continue reading →

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Title Insurance: May Not Solve As Many Problems As You Might Expect

Posted on July 8, 2014 by BankruptcyRealEstateInsights

Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) – In the context of the bankruptcy proceeding to determine the validity of a mortgage, the mortgagee filed a third-party … Continue reading →

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Landlord Stub Rent Claim: Administrative Priority Or Not?

Posted on May 9, 2014 by BankruptcyRealEstateInsights

In re Oreck Corp., 506 B.R. 500 (Bankr. M.D. Tenn. 2014) – A commercial landlord sought allowance of its claim for “stub rent” as an administrative expense – either because of the requirement that lease obligations be timely performed prior … Continue reading →

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Pre-Petition Default Interest: Don’t Take Anything For Granted

Posted on April 29, 2014 by BankruptcyRealEstateInsights

In Re Shree Mahalaxmi, Inc., 503 B.R. 794 (Bankr. W.D. Tex. 2014) – After a mortgage lender learned of a pre-petition default during a bankruptcy, it filed an amendment to its proof of claim to add pre-petition default interest. The … Continue reading →

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