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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Monthly Archives: October 2016
Subrogation: A Mortgagee May Be Able to Obtain Priority for Future Advances, But Don’t Count on It
Trampush v. United FCS (In re Trampush), 552 B.R. 817 (Bankr. W.D. Wisc. 2016) – Chapter 13 debtors sought a determination of the priority of two mortgages. A successor to the first mortgagee argued that the entire balance owed to … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, subordination
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Foreclosure: Failure to Timely Record Sale Deed (Oops)
Cornell v Envoy Mortgage, Ltd. (In re Hosch), 551 B.R. 696 (Bankr. D. N.H. 2016) – A foreclosing mortgagee that was the successful bidder at the foreclosure sale delayed recording the sale deed. A chapter 7 trustee claimed that as … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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FDPCA: If You Want to Collect Debts from a Consumer, You Better Know What You Are Doing
Murray v. Revenue Mgmt. Corp. (In re Murray), 552 B.R. 1 (Bankr. D. Mass. 2016) – A chapter 13 debtor sued a debt collector based on a letter sent to the debtor alleging violations of the Fair Debt Collection Practices … Continue reading
Lease Rejection: Does the Contract Disappear?
Fisher Brothers Mgmt. Co. LLC v. Genco Shipping & Trading Ltd. (In re Genco Shipping & Trading Ltd.), 550 B.R. 676 (S.D. N.Y. 2015) – A debtor rejected a master lease. The landlord and a subtenant filed claims for rejection … Continue reading
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