Prepayment premiums: a bankruptcy court analysis of reasonableness and liquidated damages

Article Abstract:

The bankruptcy court ruling on prepayment provisions in mortgage loan documents of In re Hidden Lake Partnership is discussed. Other courts differ on whether a prepayment clause should be subjected to a liquidated damage analysis in a bankruptcy context, or whether it may constitute an impermissible attempt by the lender to collect unmatured interest.

Debtor and creditor

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Is a defective mortgage protected from a preference claim?

Article Abstract:

The author discusses the US Court of Appeals for the 7th Circuit's decision in In re Jones, which concerned the validity of a mortgage when a bankruptcy trustee attempted to recover foreclosure sale proceeds.

Cases, Foreclosure, Priorities of claims and liens, Bankruptcy trustees

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Synthetic leases: "bankruptcy proofing" the lessee's option to purchase

Article Abstract:

Lessees in synthetic leasing transactions can take steps to secure their option to buy the property in case of a bankruptcy filing by the lessor. The pitfalls of this approach are examined.

California, Practice, Bankruptcy law, Leases, Options (Law)

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