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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Tag Archives: lease
Landlord Claims: Calculating Capped Future Rent Claims Should Be A Simple Matter of Arithmetic – Right?
In re MDC Systems, Inc., 488 B.R. 74 (Bankr. E.D. Pa. 2013) – A chapter 7 debtor’s landlord filed a proof of claim for ~ $1 million. An unsecured creditor objected on the basis that (1) the lease was terminated prepetition, so … Continue reading
Lease Claims: Sometimes Privity Matters
In re Parrott Broadcasting Ltd. P’ship, 492 B.R. 35 (Bankr. D. Idaho 2013) – A chapter 7 trustee objected to a proof of claim filed by a landlord for rent and late charges due under a lease. The debtor was an assignee … Continue reading
Lease Rejection Damages: How to Avoid the Cap (Maybe)
In re Energy Conversion Devices, Inc., 483 B.R. 119 (Bankr. E.D. Mich. 2012) – Damages arising from the rejection of a lease by a tenant in bankruptcy are subject to a cap under Section 502(b)(6) of the Bankruptcy Code. In this … Continue reading
Tenant Security Deposits: You May Be Closer to Defalcation Than You Think
In re Hall, 483 B.R. 281 (Bankr. D. Conn. 2012) – In Hall a residential tenant argued that the debtor landlord’s failure to return a security deposit gave rise to a non-dischargeable debt in his chapter 7 bankruptcy.
Of Sales and Leases: Can a Bankrupt Landlord Sell Free and Clear of a Tenant’s Interest?
In re Zota Petroleums, LLC, 42 B.R. 154 (Bankr. E.D. Va. 2012) – Zota addresses the interaction between (1) a sale free and clear of interests under Section 365(f) of the Bankruptcy Code and (2) a tenant’s right to retain possession under … Continue reading
Posted in Real Estate
Tagged lease, priority of interests, sale "free and clear", sale procedures
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Rent as Administrative Expense: Can a “Terminated” Lease Also Be “Unexpired”?
Super Nova 330 LLC v. Gazes, 693 F.3d 138 (2d Cir. 2012) – In Super Nova the landlord obtained issuance of a warrant of eviction, but was not able to execute on the warrant prior to the bankruptcy filing. The … Continue reading
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