Tag Archives: lease

Stay Pending Appeal: Some Days A Stay Is Easier to Obtain Than Others

Posted on June 20, 2014 by BankruptcyRealEstateInsights

A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (7th Cir. 2014) – Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed.  Both the bankruptcy court and district court denied … Continue reading →

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Landlord Stub Rent Claim: Administrative Priority Or Not?

Posted on May 9, 2014 by BankruptcyRealEstateInsights

In re Oreck Corp., 506 B.R. 500 (Bankr. M.D. Tenn. 2014) – A commercial landlord sought allowance of its claim for “stub rent” as an administrative expense – either because of the requirement that lease obligations be timely performed prior … Continue reading →

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Landlord Lease Claims: Avoiding the Statutory Cap – Round 2

Posted on May 6, 2014 by BankruptcyRealEstateInsights

In re Healthy Hut Inc., 506 B.R. 526 (Bankr. D. Haw. 2014) – Prior to bankruptcy the debtor vacated leased space before the end of the lease term. The landlord filed a proof of claim in the bankruptcy. The debtor … Continue reading →

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Landlord Lease Claims: Avoiding the Statutory Cap – Round 1

Posted on May 1, 2014 by BankruptcyRealEstateInsights

In re Denali Family Services, 506 B.R. 783 (Bankr. D. Alaska 2014) – The debtor objected to an amended proof of claim filed by its landlord after the debtor, arguing that the claim exceeded the statutory limit under Section 502(b)(6) of the … Continue reading →

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Landlord Claims: Not All Administrative Expense Claims Are Equal

Posted on April 22, 2014 by BankruptcyRealEstateInsights

In re Davenport Beverage Corp., 505 B.R. 374 (Bankr. D. Mass. 2014) – A commercial landlord asked the bankruptcy court to allow its administrative expense claim in a chapter 11 case. The lease was deemed rejected while the bankruptcy case was … Continue reading →

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Leases: The Special Case of a Governmental Landlord

Posted on April 11, 2014 by BankruptcyRealEstateInsights

In re Aikens, 503 B.R. 603 (Bankr. S.D.N.Y. 2014) – A city housing authority sought a bankruptcy court order confirming that the automatic stay did not prevent it from continuing eviction proceedings where it had obtained a judgment of possession … Continue reading →

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