Tag Archives: claim determination

Mortgagees Beware: Your Dragnet May Have a Hole In It

Posted on January 17, 2013 by BankruptcyRealEstateInsights

Peoples National Bank, N.A. v. Jones, 482 B.R. 257 (S.D. Ill. 2012) – In Jones, the district court reversed the bankruptcy court and held that a standard dragnet clause in a mortgage was not sufficient to secure an advance made by … Continue reading →

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Mortgagees Beware: Stay Relief Does Not Mean You Are Home Free

Posted on January 8, 2013 by BankruptcyRealEstateInsights

Trauner v. State Bank & Trust Co. (In re Solid Rock Development Corp.), 481 B.R. 221 (Bankr. N.D. Ga. 2012) – A lender obtained relief from the automatic stay in a bankruptcy so that it could proceed with foreclosure of … Continue reading →

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Prepetition Post-Default Rents: Who Gets the Cash – Round 2?

Posted on January 3, 2013 by BankruptcyRealEstateInsights

In re Prospect Studios, L.P., 478 B.R. 367 (Bankr. W.D. Mo. 2012) – In Prospect Studios, the law firm representing a chapter 11 debtor requested court authority to apply a prepetition retainer to payment of its fees.  Since the source of … Continue reading →

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Prepetition Fire Insurance Proceeds: Who Gets the Cash?

Posted on December 27, 2012 by BankruptcyRealEstateInsights

Crews v. TD Bank, N.A. (In re Crews), 477 B.R. 835 (Bankr. M.D.Fla. 2012) – A mortgaged building was destroyed by fire prior to the mortgagor’s bankruptcy filing.  In an earlier opinion the bankruptcy court held in that the mortgagee had … Continue reading →

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Rent as Administrative Expense: Can a “Terminated” Lease Also Be “Unexpired”?

Posted on December 18, 2012 by BankruptcyRealEstateInsights

Super Nova 330 LLC v. Gazes, 693 F.3d 138 (2d Cir. 2012) – In Super Nova the landlord obtained issuance of a warrant of eviction, but was not able to execute on the warrant prior to the bankruptcy filing.  The … Continue reading →

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Broker Commissions: Trying To Climb The Payment Priority Ladder

Posted on December 13, 2012 by BankruptcyRealEstateInsights

In re Grubb & Ellis Co., 478 B.R. 622 (Bankr. S.D.N.Y. 2012) – Real estate agents who worked for Grubb & Ellis Co. prior to its bankruptcy sought allowance of their claims for commissions as an administrative expense.  Grubb & … Continue reading →

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