Monthly Archives: December 2013

Preferences: Surprise – Being Fully Secured May Not Be A Complete Defense

Posted on December 10, 2013 by BankruptcyRealEstateInsights

Gladstone v. Bank of America, N.A. (In re Vassau), 499 B.R. 864 (Bankr. S.D. Cal. 2013) – A chapter 7 trustee sought to avoid payments made to a fully secured senior mortgagee within 90 days prior to bankruptcy as preferential to an … Continue reading →

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Foreclosure Procedures: Dot Those i’s and Cross Those t’s… Or Else

Posted on December 6, 2013 by BankruptcyRealEstateInsights

In re AMRCO, Inc., 496 B.R. 442 (Bankr. W.D. Tex. 2013) – A mortgagee requested a comfort order from the bankruptcy court to confirm that the automatic stay did not apply to property that it had purchased at a non-judicial foreclosure … Continue reading →

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Mortgage Acknowledgments: Tiny Deviation From Suggested Forms Can Spell Disaster

Posted on December 3, 2013 by BankruptcyRealEstateInsights

Weiss v. Wells Fargo Bank, N.A. (In re Kelley), 498 B.R. 392 (1st Cir. BAP 2013) – A chapter 7 trustee sought to avoid a mortgage granted by the debtors on the basis that the acknowledgment was defective.  After the bankruptcy court … Continue reading →

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