Monthly Archives: January 2020

Discharge Injunction: Is a Billing Statement Disclaimer Enough to Avoid Contempt?

Posted on January 29, 2020 by BankruptcyRealEstateInsights

Roth v. Nationstar Mortgage, LLC (In re Roth), 935 F.3d 1270 (11th Cir. 2019) – A chapter 13 debtor sought to reopen her case so that she could move for imposition of contempt sanctions against a mortgagee based on its willful … Continue reading →

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Recovery of Avoided Transfers: Section 550 Run Amok (Again)?

Posted on January 22, 2020 by BankruptcyRealEstateInsights

Rajala v. Husch Blackwell LLP (In re Generation Resources Holding Co., LLC), 604 B.R. 896 (Bankr. Kan. 2019) – After a consent decree avoiding the transfer of property from the debtor to a second entity, a chapter 7 trustee sought to … Continue reading →

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Mortgage Legal Descriptions: To Avoid Litigation, Get It Right in the First Place

Posted on January 15, 2020 by BankruptcyRealEstateInsights

Ivy v. U.S. Bank N.A. as Legal Title Trustee for Truman 2016 SC6 Title Trust (In re Ivy), 604 B.R. 540 (Bankr. W.D. Ark. 2019) – A chapter 7 debtor brought an adversary proceeding against a foreclosing lender seeking a bankruptcy … Continue reading →

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Foreclosure Adjournment: Does Continue Really Mean Continue?

Posted on January 8, 2020 by BankruptcyRealEstateInsights

In re Winters, 604 B.R. 54 (Bankr. D. Utah 2019) – A chapter 7 debtor contended that a mortgage creditor’s postponement of a scheduled nonjudicial foreclosure sale after receiving notice of the debtor’s bankruptcy constituted a violation of the automatic stay. … Continue reading →

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