Monthly Archives: August 2012

Mortgage Loan Sales / Guarantees: Freedom of Contract And Double Counting

In re Kaid, 472 B.R. 1 (Bankr. E.D. Mich. 2012) – Can a mortgagee retain the right to collect on a guarantee after a sale of the guaranteed note and mortgage?  In Kaid, the answer was yes; but to avoid … Continue reading

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Usurious Loan Claim: What Is An Equitable Result?

In Re Loucheschi LLC, 471 B.R. 777 (Bankr. D. Mass 2012) – When a lender makes a loan that does not comply with usury laws it runs a risk that not only will interest and charges be disallowed, but also the … Continue reading

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“Strong Arm” Powers Round 2: This Time The Mortgage Survives

Hiraldo v. Banco Popular Depuerto Rico (In re Hiraldo), 471 B.R. 676 (D. P.R. 2012) – Hiraldo illustrates the key role that state law can play in determining the outcome of a bankruptcy case.  Despite the fact that a mortgage presented … Continue reading

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Chapter 11 Secured Loans: “Lien Stripping” Lives

In re Heritage Highgate, Inc., 679 F.3d 132 (3rd Cir. 2012) – In Heritage Highgate, the secured claims of a group of investors were valued at zero for purposes of treatment in a plan of reorganization, with the result that their … Continue reading

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Accepting Payment Before A Construction Lien Is Filed: Catch-22?

Johnson Memorial Hospital, Inc. v. New England Radiator Works (In re Johnson Memorial Hospital, Inc.), 470 B.R. 119 (Bankr. D. Conn. 2012) – Creditors of a distressed company often look for strategies to reduce bankruptcy preference exposure, and construction contractors are … Continue reading

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Bankruptcy “Strong Arm” Powers: Bye Bye Mortgage

Rhiel v. Central Mortgage Co. (In re Kebe), 469 B.R. 778 (Bankr. S.D. Ohio 2012) – Kebe provides a classic example of the exercise of bankruptcy “strong arm” powers.  Based on a defective notarization, the lien of a mortgage was avoided, and … Continue reading

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RadLAX: Supreme Court Speaks On Credit Bidding

RadLAX Gateway Health Co. v. Amalgamated Bank, __ U.S. __, 132 S. Ct. 2065, 182 L. Ed. 2d 967 (2012) – Undersecured lenders jealously guard their ability to credit bid in a sale of collateral (i.e. lender offsets the amount that … Continue reading

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