Tag Archives: claim determination

Construction Lien Payments: Trust Funds or Not?

Posted on October 30, 2012 by BankruptcyRealEstateInsights

Lain v. V3 Construction Group Ltd. (In re Erickson Retirement Communities, LLC), 475 B.R. 762 (Bankr. N.D. Tex. 2012) – The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to … Continue reading →

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“Strong Arm” Powers: Who Gets First Dibs on Christmas Trees?

Posted on October 25, 2012 by BankruptcyRealEstateInsights

Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) – In Grogan, the debtors planted and harvested Christmas trees.  The bankruptcy court was called upon to determine whether the debtors could exercise their “strong … Continue reading →

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Marshaling Assets: Variation on a Theme

Posted on October 23, 2012 by BankruptcyRealEstateInsights

Great Lakes Agri-Services, LLC v State Bank of Newberg (In re Enright), 474 B.R. 854 (Bankr. E.D. Wisc. 2012) – Steven Enright and his wife borrowed money from a bank to buy dairy cows and other improvements for the family dairy … Continue reading →

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“Vacuous” Landlord Lien Claim: There Are Limits to Advocacy

Posted on October 18, 2012 by BankruptcyRealEstateInsights

Huntington Nat’l Bank v. Bruinsma (In re Kentwood Pharmacy, L.L.C.) 478 B.R. 602 (Bankr. W.D. Mich. 2012) – In Kentwood, the landlord argued that it had a possessory landlord’s lien on the debtor’s assets that was senior to a secured bank … Continue reading →

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Lease Interpretation: “Clear and Unambiguous” Is In the Eye of the Beholder?

Posted on October 4, 2012 by BankruptcyRealEstateInsights

Woodhollow Loft, Inc. v. Sisters of St. Francis Health Services Inc., 472 B.R. 494 (N.D. Ind. 2010) – The results can be unpredictable if a lease does not precisely document the parties’ intent, leaving matters up to a court’s imagination. The … Continue reading →

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Treatment Under A Plan of Reorganization: What Does It Take To Discharge A Mortgage?

Posted on October 2, 2012 by BankruptcyRealEstateInsights

Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 473 B.R. 695 (S.D. Miss. 2012) – In S. White Transportation, by remaining silent until after confirmation, a mortgagee managed to retain its lien notwithstanding the … Continue reading →

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