Tag Archives: financing

Post-Petition Interest: Not Very Predictable

Posted on August 22, 2014 by BankruptcyRealEstateInsights

Prudential Ins. Co. of Am. v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC), 748 F.3d. 393 (1st Cir. 2014) – A senior mortgagee battled the debtor and a junior mortgagee over its entitlement to post-petition … Continue reading →

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Mortgage Enforcement: Dot Those “i”s and Cross Those “t”s – Or Else

Posted on August 19, 2014 by BankruptcyRealEstateInsights

In re Demers, 511 B.R. 233 (Bankr. D. R.I. 2014) – A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply … Continue reading →

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Post-Petition Interest: Default Rate Is Not a Slam Dunk

Posted on August 1, 2014 by BankruptcyRealEstateInsights

In re Residential Capital, LLC, 508 B.R. 851 (Bankr. S.D.N.Y. 2014) – An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected, arguing that the lender should be limited to the … Continue reading →

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Strong Arm Powers: For Want of An “S” the Mortgage Was Lost

Posted on July 22, 2014 by BankruptcyRealEstateInsights

Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) – A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not … Continue reading →

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Title Insurance: May Not Solve As Many Problems As You Might Expect

Posted on July 8, 2014 by BankruptcyRealEstateInsights

Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) – In the context of the bankruptcy proceeding to determine the validity of a mortgage, the mortgagee filed a third-party … Continue reading →

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Tortious Interference Claims: Something To Keep In Mind

Posted on July 1, 2014 by BankruptcyRealEstateInsights

Highland Capital Mgmt. L.P. v. UBS Securities, LLC (In re Lyondell Chemical Co.), 505 B.R. 409 (S.D.N.Y. 2014) – A hedge fund sued an investment bank for tortious interference based on its exclusion from participation in exit financing for a … Continue reading →

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