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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Tag Archives: claim determination
Enforcing a Mortgage: A Lost Note May Result In a Lost Cause
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. … Continue reading
Collecting A Prepayment Premium: Plain Language May Not Be So Plain
Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In re Denver Merchandise Mart, Inc.), 740 F.3d 1052 (5th Cir. 2014) – A lender sought to recover a prepayment premium of $1.8 million after acceleration of a note due to … Continue reading
Administrative Expenses: Are Electrons Movable So That Electricity Is a Good?
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 … Continue reading
Proof Of Claim: Get Too Aggressive And Your Proof May Go Poof
In re Princeton Office Park, L.P., 504 B.R. 382 (Bankr. D. N.J. 2014) – Initially the bankruptcy court allowed the claim of a tax sale certificate purchaser. However, on reconsideration the court held that the purchaser forfeited the entire claim … Continue reading
Dragnet Clauses: Sometimes They Don’t Work as Hoped, and Sometimes They Do
In re Presser, 504 B.R. 452 (Bankr. S.D. Ohio 2014) – A judgment lien creditor objected to a joint debtors’ chapter 11 plan of reorganization based on a dispute with a mortgagee about whether its mortgages secured guaranty obligations of … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, guarantees, priority of interests
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Sale Contract for Mineral Interests: Speak Early and Often, Or Forever Hold Your Peace
Davis v. Dunmore Properties, Inc. (In re Davis), 503 B.R. 609 (Bankr. M.D. Pa. 2013) – After confirmation of their chapter 13 plan, two chapter 13 debtors filed motions for summary judgment seeking to reject a contract for sale of their mineral rights … Continue reading
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