Tag Archives: priority of interests

Prepetition Post-Default Rents: Who Gets the Cash – Round 2?

Posted on January 3, 2013 by BankruptcyRealEstateInsights

In re Prospect Studios, L.P., 478 B.R. 367 (Bankr. W.D. Mo. 2012) – In Prospect Studios, the law firm representing a chapter 11 debtor requested court authority to apply a prepetition retainer to payment of its fees.  Since the source of … Continue reading →

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Broker Commissions: Trying To Climb The Payment Priority Ladder

Posted on December 13, 2012 by BankruptcyRealEstateInsights

In re Grubb & Ellis Co., 478 B.R. 622 (Bankr. S.D.N.Y. 2012) – Real estate agents who worked for Grubb & Ellis Co. prior to its bankruptcy sought allowance of their claims for commissions as an administrative expense.  Grubb & … Continue reading →

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Refinance Mortgage: “Strong Arm” Powers Meet Equitable Subrogation

Posted on November 13, 2012 by BankruptcyRealEstateInsights

Green v. HSBC Mortgage Services, Inc. (In Re Green), 474 B.R. 790 (Bankr. D. Md. 2012) – In Green, a lender refinanced a first priority deed of trust loan that had been made by IndyMac Bank, F.S.B.  For some unknown … Continue reading →

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“Strong Arm” Powers: Who Gets First Dibs on Christmas Trees?

Posted on October 25, 2012 by BankruptcyRealEstateInsights

Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) – In Grogan, the debtors planted and harvested Christmas trees.  The bankruptcy court was called upon to determine whether the debtors could exercise their “strong … Continue reading →

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Marshaling Assets: Variation on a Theme

Posted on October 23, 2012 by BankruptcyRealEstateInsights

Great Lakes Agri-Services, LLC v State Bank of Newberg (In re Enright), 474 B.R. 854 (Bankr. E.D. Wisc. 2012) – Steven Enright and his wife borrowed money from a bank to buy dairy cows and other improvements for the family dairy … Continue reading →

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“Vacuous” Landlord Lien Claim: There Are Limits to Advocacy

Posted on October 18, 2012 by BankruptcyRealEstateInsights

Huntington Nat’l Bank v. Bruinsma (In re Kentwood Pharmacy, L.L.C.) 478 B.R. 602 (Bankr. W.D. Mich. 2012) – In Kentwood, the landlord argued that it had a possessory landlord’s lien on the debtor’s assets that was senior to a secured bank … Continue reading →

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