Monthly Archives: October 2012

Construction Lien Payments: Trust Funds or Not?

Lain v. V3 Construction Group Ltd. (In re Erickson Retirement Communities, LLC), 475 B.R. 762 (Bankr. N.D. Tex. 2012) – The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to … Continue reading

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

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

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

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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“Strong Arm” Powers: Not All Mistakes are Equal in Avoiding a Mortgage

Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521 (Bankr. S.D. Ohio 2011) – In Jared, the chapter 7 trustee sought to avoid two mortgages on registered land that (a) were noted on the certificates of title to … Continue reading

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Non-Dischargeable Debts: Some Lies Matter More Than Others

Bandi v. Becnel (In re Bandi), 683 F.3d 671 (5th Cir. 2012) – In Bandi, the debtors made false statements regarding their ownership of particular real estate.  The Fifth Circuit upheld a finding that debts incurred in reliance on those … Continue reading

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“Strong Arm” Powers Round 4: Manufactured Home Liens

Vanderbilt Mortgage & Finance, Inc. v. Higgason (In re Pierce), 471 B.R. 876 (B.A.P. 6th Cir. 2012) – Proper perfection of a lien is critical because typically an unperfected lien can be avoided in a bankruptcy using the strong arm … Continue reading

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