Monthly Archives: April 2014

Recording Defects: A Continuing Theme – Trivial Mistakes May Not Be So Trivial

Posted on April 8, 2014 by BankruptcyRealEstateInsights

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 in Financing, Real Estate | Tagged , , | Leave a comment

Proof Of Claim: Get Too Aggressive And Your Proof May Go Poof

Posted on April 4, 2014 by BankruptcyRealEstateInsights

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 in Real Estate | Tagged , | Leave a comment

Dragnet Clauses: Sometimes They Don’t Work as Hoped, and Sometimes They Do

Posted on April 1, 2014 by BankruptcyRealEstateInsights

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 in Financing, Real Estate | Tagged , , , | Leave a comment