Tag Archives: claim determination

Default Interest: Do Not Take Enforceability for Granted

Posted on February 24, 2016 by BankruptcyRealEstateInsights

Default Interest: Do Not Take Enforceability for Granted Bowles Sub Parcel A, LLC v. Wells Fargo Bank, N.A. (In re Bowles Sub Parcel A, LLC), 790 F.3d 897 (8th Cir. 2015) – The chapter 11 debtors obtained prepetition CMBS loans … Continue reading →

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Environmental Contribution Claims: You Snooze, You Lose

Posted on February 10, 2016 by BankruptcyRealEstateInsights

ASARCO, LLC v. Celanese Chemical Corp., 792 F.3d 1203 (9th Cir. 2015) – ASARCO, as a successor to the owner of a Superfund site, sued CNA as the successor to a lessee that operated a sulfur dioxide plant on the site, … Continue reading →

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Landlord Debtor: The Cost of Rejection

Posted on February 3, 2016 by BankruptcyRealEstateInsights

In re Lake Dearborn, LLC, 534 B. R. 747 (Bankr. N.D. Ill. 2015) – A landlord debtor sought to reject unexpired food court leases, giving rise to tenant claims for rejection damages. The court was asked to determine the amount of … Continue reading →

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Loan Assignment: Surprise – A Successor Lender May Step into Only One Shoe

Posted on January 27, 2016 by BankruptcyRealEstateInsights

New Products Corp. v. Tibble (In Re Modern Plastics Corp.), 534 B.R. 723 (Bankr. W.D. Mich. 2015) – The assignee of a mortgage lender sued a former Chapter 7 trustee and his surety for claims based on breach of fiduciary duty. … Continue reading →

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Partner Liability: Choice of Law Could Make More of a Difference Than You Might Expect

Posted on December 23, 2015 by BankruptcyRealEstateInsights

Residential Liquidating Trust v. Mortgage Investors Group, Inc. (In re Residential Capital, LLC), 527 B.R. 590 (Bankr. S.D.N.Y. 2015) – A liquidating trust sued the general partners of a partnership for claims of contractual breach by the partnership.  The partners argued … Continue reading →

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Non-Recourse Loans: Turning Into Recourse and Back Again

Posted on December 2, 2015 by BankruptcyRealEstateInsights

Mastan v. Salamon (In re Salamon), 528 B.R. 171 (9th Cir. BAP 2015) – The bankruptcy court disallowed the claim of a deed of trust creditor on the grounds that it was barred by the applicable state anti‑deficiency statute.  The creditor … Continue reading →

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