All items from Bankruptcy-RealEstate-Insights

Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In re Denver Merchandise Mart, Inc.), 740 F.3d 1052 (5th Cir. 2014) – A lender sought to recover a prepayment premium of $1.8 million after acceleration of a note due to … Continue reading →

Posted 2 days 10 hours ago

In re NE Opco, Inc., 501 B.R. 233 (Bankr. D. Del. 2013) – A municipal utility sought an administrative expense payment for the electricity and natural gas that it provided to the debtors during the 20 days prior to bankruptcy. The … Continue reading →

Posted 5 days 10 hours ago

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 →

Posted 1 week 2 days ago

Gordon v. Wells Fargo Bank, N.A. (In re Knight), 504 B.R. 668 (Bankr. N.D. Ga. 2014) – A chapter 7 trustee sought to avoid a lien on the debtor’s interest in property by exercising his “strong arm” powers as a bona … Continue reading →

Posted 1 week 5 days ago

In re Princeton Office Park, L.P., 504 B.R. 382 (Bankr. D. N.J. 2014) – Initially the bankruptcy court allowed the claim of a tax sale certificate purchaser. However, on reconsideration the court held that the purchaser forfeited the entire claim … Continue reading →

Posted 2 weeks 2 days ago

In re Presser, 504 B.R. 452 (Bankr. S.D. Ohio 2014) – A judgment lien creditor objected to a joint debtors’ chapter 11 plan of reorganization based on a dispute with a mortgagee about whether its mortgages secured guaranty obligations of … Continue reading →

Posted 2 weeks 5 days ago

Higgason v. Brown (In re Brown), 506 B.R. 446 (Bankr. E.D. Ky. 2014) – A chapter 7 debtor owned real estate jointly with three other people as tenants in common. The chapter 7 trustee sought court approval to sell the entire property, … Continue reading →

Posted 3 weeks 2 days ago

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Co. (In re Ute Mesa Lot 1, LLC), 736 F.3d 947 (10th Cir. 2013) – A chapter 11 debtor filed an adversary proceeding against its construction lender seeking to avoid as … Continue reading →

Posted 3 weeks 5 days ago

In re Upper Crust, LLC, 502 B.R. 1 (Bankr. D. Mass. 2013) – In a bankruptcy case that was converted from chapter 11 to chapter 7, a landlord sought immediate payment or administrative priority for postpetition rents and rejection damages.  The trustee objected … Continue reading →

Posted 4 weeks 2 days ago

Magnolia Portfolio, LLC v. Dye (In re Dye), 502 B.R. 47 (Bankr. M.D. Pa. 2013) – A mortgagee sought relief from the automatic stay in order to pursue its state law remedies against properties securing seven defaulted loans.  The chapter 11 debtors … Continue reading →

Posted 4 weeks 5 days ago