Tag Archives: claim determination

Mortgagee “Cramdown”: Sometimes You Just Can’t Win

Posted on March 22, 2013 by BankruptcyRealEstateInsights

Fed. Nat’l Mortgage Ass’n v. Village Green I, GP, 483 B.R. 807 (W.D. Tenn. 2012) – Fannie Mae objected to a “cramdown” plan of reorganization, arguing that (i) the accepting class of creditors was artificially impaired, (ii) the modification of its … Continue reading →

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Tax Claims: Good Investment (Maybe)?

Posted on March 1, 2013 by BankruptcyRealEstateInsights

In re Kopec, 473 B.R. 597 (Bankr. D. N.J. 2012) – Does the purchaser of a tax sale certificate hold a “tax claim” for purposes of Section 511 of the Bankruptcy Code?  In Kopec the answer to that question meant the difference … Continue reading →

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Lease Rejection Damages: How to Avoid the Cap (Maybe)

Posted on February 14, 2013 by BankruptcyRealEstateInsights

In re Energy Conversion Devices, Inc., 483 B.R. 119 (Bankr. E.D. Mich. 2012) – Damages arising from the rejection of a lease by a tenant in bankruptcy are subject to a cap under Section 502(b)(6) of the Bankruptcy Code.  In this … Continue reading →

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Attorneys’ Fees: Reasonable Is In the Eye of the Beholder

Posted on February 7, 2013 by BankruptcyRealEstateInsights

In re Sundale, Ltd., 483 B.R. 23 (Bankr. S.D. Fla. 2012) – Under Section 506(b) of the Bankruptcy Code, an oversecured mortgagee may be entitled to collect post-petition interest and reasonable attorney fees.  In Sundale there was a request for attorneys’ fees … Continue reading →

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Construction Claims: Trust Funds Can Go Poof

Posted on January 24, 2013 by BankruptcyRealEstateInsights

McDonald v. Little Limestone, Inc. (In re Powers Lake Construction Co.), 482 B.R. 803 (Bankr. E.D. Wis. 2012) – A typical trust fund statute provides that payments to a construction contractor are treated as funds held in trust until its … Continue reading →

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Perfecting Manufactured Home Liens: Variations on a Theme

Posted on January 22, 2013 by BankruptcyRealEstateInsights

Kinzalow v. Clayton Bank & Trust (In re Value Investment Properties, LLC), 481 B.R. 403 (Bankr. E.D. Tenn. 2012) – Determining the priority of liens in manufactured homes owned by the debtor raised the standard question of how to classify … Continue reading →

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