Tag Archives: lease

Leases: Prebankruptcy Termination May Not Mean That the Landlord Is Out Of the Woods

Official Comm. of Unsecured Creditors v. T.D. Investments I, LLP (In re Great Lakes Quick Lube LP), 816 F.3d 482 (7th Cir. 2016) – A chapter 11 debtor relinquished 2 leases prior to filing bankruptcy. The unsecured creditors’ committee sought … Continue reading

Posted in Real Estate | Tagged , , , | Leave a comment

Leases: How About Those Attorneys’ Fees?

Leases: How About Those Attorneys’ Fees? In re FKA FC, LLC, 545 B.R. 567 (Bankr. W.D. Mich. 2016) – A chapter 11 debtor sought to assume and assign a lease. The debtor contended that the cost to cure defaults under … Continue reading

Posted in Real Estate | Tagged | Leave a comment

Leases: To Be or Not to Be a Nonresidential Lease

In re Memory Lane of Bremen, LLC, 535 B. R. 901 (Bankr. N.D. Ga.) – The chapter 11 debtors operated senior long-term care facilities on real property owned by a third party. The third party claimed that the debtors occupied the … Continue reading

Posted in Real Estate | Tagged , | Leave a comment

Lease Claims: Once Again, You Snooze You Lose

Bell v. Brothers Properties Smyrna, LLC (In Re Bell) – A landlord filed claims for prepetition rent and lease rejection damages after the general claims bar date. The chapter 13 trustee objected. The bankruptcy court considered whether it could use … Continue reading

Posted in Real Estate | Tagged , | Leave a comment

Landlord Debtor: The Cost of Rejection

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

Posted in Real Estate | Tagged , | Leave a comment

Nonresidential Leases: What Does It Take To Avoid Deemed Rejection?

In re Simbaki, Ltd., 520 B.R. 241 (Bankr. S.D. Tex. 2014) – A chapter 11 debtor sought to assume a restaurant lease.  The landlord objected, arguing among other things that the lease was not timely assumed and so was deemed rejected.

Posted in Real Estate | Tagged | Leave a comment