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Limited Liability Companies: Do Not Confuse an LLC’s Membership Interests with Its Underlying Assets
Credit Bids: Buyer Beware
Delinquent Property Tax Sales: Is a Purchaser at Risk If a Property Owner Files Bankruptcy?
Scrivener’s Error: Can a Residential Deed of Trust Be Avoided Because It States That It Secures a Maximum Principal Amount of $21.1 Trillion?
UCC Collateral Description: Can You Look Beyond the Four Corners of the Financing Statement?
Delinquent Property Taxes: A Prepetition Tax Sale Purchaser May Find Itself Embroiled in The Bankruptcy
Real Estate Purchase Agreement: Contract for Deed or Mortgage – It Makes a Difference
Documents Under Seal: The Word “Seal” on a Preprinted Form May Be More Than a Vestige of Times Gone By (a/k/a 20 Years Is a Long Time)
Anti-Assignment Provisions: Restrictions on Transfer of Promissory Notes May Be More Enforceable Than You Might Expect
Cash Collateral: What Does It Take to Address the Risk That Once Cash Is Used It Is Just Gone?
Discharge Injunction: Is a Billing Statement Disclaimer Enough to Avoid Contempt?
Recovery of Avoided Transfers: Section 550 Run Amok (Again)?
Mortgage Legal Descriptions: To Avoid Litigation, Get It Right in the First Place
Foreclosure Adjournment: Does Continue Really Mean Continue?
Extending the Stay to Third Parties: Sometimes a Bankruptcy Court Will Intercede
Easements and Sales “Free and Clear”: Oops – All Gone
Chapter 7 Sales: The Debtor May Be Pretty Much Irrelevant
Sale Orders: What Constitutes a Collateral Attack?
Continuing Perfection: Does a Mortgage Lapse During Bankruptcy If State Law Would Otherwise Require Steps to Maintain Perfection?
Mortgages in Foreclosure: Strategies Can Get Complicated, Particularly When Bankruptcy Is on the Horizon
Default Interest: What Does the Plan of Reorganization Say?
Homestead Exemption: The Back Story Matters
Mortgage Defaults: What Is the Most Effective Path for Resolving Troubled Properties?
Notice, Notice, Notice: When Is a Plan of Reorganization Not Binding?
Liquor License Sale Financing: Can a Creative Structure Save the Day?
Attorney Liens: Possession of Cash Is Not Always the End of the Story
Drafting Errors: The Importance of Proofreading Cannot Be Overestimated
Rents: What Happens to Unclaimed Rents Collected from Property That Is Abandoned?
Marijuana: Should a Plan “Go up in Smoke” Because a Debtor’s Tenant Operates a Marijuana Establishment?
Bankruptcy Sale: Maximizing Bankruptcy Estate Assets Trumps Contractual Obligations
Agricultural Liens: Better Figure out the Right i’s To Dot and t’s to Cross
Bankruptcy Sales: Highest Is Not Always Best
Sheriff’s Fees: Surprise, a Commission May Be Due for a Foreclosure Sale That Did Not Take Place
Reverse Mortgages: Can A Reverse Mortgage Loan Be Reinstated?
Yield Maintenance Premiums: The Continuing Saga of Premiums Charged after Involuntary Acceleration
Exclusivity and Tenant Mix: The Case of the Missing Shopping Center
Lis Pendens: Is It A “Transfer” (And Thus Avoidable) Or Not?
Bankruptcy Sales and Mortgage Boo-Boos: Timing Can Make All the Difference in the World
Manufactured Homes: Real or Personal Property – Who Knows?
Avoiding Mortgages: The Saga of Exercising Strong Arm Powers Continues
Mortgagee Stay Relief: Make Sure You Know the Scope of the Relief or Else
TICs: Maybe the Protection of Bankruptcy Will Be the Available If Needed, and Maybe Not
Joint Property Sales: To Successfully Oppose a Sale, You Have to Make Your Case
Avoiding Mortgages: Local Rules Rule
Reopening a Case: Who Can Upset the Apple Cart?
Appeals of “Sale” Orders: Sometimes They Are Moot and Sometimes They Are Not
Avoiding Mortgages: Not All Typos Are Fatal
Order in Aid of Sale of a Business: Can the Court Enjoin a Debtor from Competing with the Purchaser?
Debt Recharacterization, Etc.: Standing, Standing and More Standing
Joint Tenants: The Case of The Disappearing Interest
Landlord Bankruptcy: A Tenant Is Not Out of Options If the Landlord Rejects Its Lease
Discharge of Debt: A Seller Relying on a Buyer’s Assumption of Debt May Be Out of Luck If the Buyer Files Bankruptcy
Avoiding Mortgages: What Happens When A Stranger to The Transaction Files a Discharge in Error?
Selling Real Estate Free and Clear: The Trustee Does Not Always Win
Tax Lien Foreclosures: Property Tax Collection Meets Fraudulent Transfers – Who Wins?
Sales Free and Clear: The Devil Is in the Details
Construction Subcontractor Claims: Is a Subcontractor Merely a Creditor of a Creditor Without Standing?
Liquor License Sales: Who Gets the Money?
Mortgage Loans: Beware Time Bars on Enforcing a Note or Mortgage
Foreclosure Sales: When Does a Debtor Lose the Ability to Interfere with the Sale?
Foreclosure Procedure: Very Small Details Can Make A Very Big Difference
Construction Payments: Can A Debtor Grab the Money?
Disclosing Assets: You Cannot Have Your Cake and Eat It Too
Strong Arm Powers: Watch out for That Hypothetical Bona Fide Purchaser – It Can Do More Than Void Transfers and Obligations
Automatic Stay Relief: Where Best to Untangle Joint Ownership Interests?
Exemption for Government Assistance: How Needy Is Needy?
Valuing a Secured Claim: Who Knew That Retail Price Could Be So Elusive
Plan Enforcement: Beware of Advisory Opinions
Mortgage Preference: Dilly-Dally Around with Recording and You May Lose
Delinquent Property Tax Sales and the Equity of Redemption: When Is Property Really, Really, Really Gone?
Disallowed Claims: Just Because a Claim Is Rejected Does Not Mean the Underlying Lien Disappears
Wraparound Mortgages: Sorting Things Out
Designating Votes: Selfish Informed Self Interest v. Untoward Advantage
Avoiding an Unrecorded Mortgage: Variations on a Theme
Reverse Mortgages: Ignore Loan Documents at Your Peril
Mortgage Assignee Claims: Hang on To That Promissory Note
Shopping Center Leases: Some Ins and Outs of Use and Exclusivity Provisions
Leases: Prepetition Termination May Be A Get Out of Bankruptcy Free Card – Or Not
Mortgagor Claims: There is A Limit to the Ability to Invoke the Assistance of Federal Courts
Condominium Assessments: When Is Postpetition Really Prepetition?
Delinquent Property Tax Procedures: To Stay or Not to Stay
Preferences: Judgment Creditors May Find Themselves Exposed Given the Nature of Judgment Liens
Who Gets to Keep the Money: Sometimes Procedural Arguments Can Matter as Much as Substantive Arguments
Bad Faith Filing: A Debtor’s “Business” Must Consist of More Than Litigating with the Mortgagee
Covenants Running with the Land: To Be or Not to Be a Claim
Defective Mortgages: Variations on a Theme
Interests Held by the Bankruptcy Estate: Can Contingent Interests Go Poof?
Defective Mortgages: There Is Constructive Notice, and Then There Is Inquiry Notice
UCC Terminations: An “Oops” Filing Can Be Fatal
Chapter 13 Plan Forced Vesting: If There Is No Objection And A Plan Is Confirmed, The Matter Is Settled Whether The Law Is Or Not
Manufactured Home Loans: Deciding Whether the Chapter 13 Anti-Modification Provision Applies Can Be A Vexatious Issue
Bankruptcy Sales: A “Free and Clear” Sale Does Not Necessarily Mean That the Buyer Goes Scot-Free
Pre-Bankruptcy Lease Termination for Default: Will That Allow the Landlord to Escape Bankruptcy?
Chapter 7 Sale: Debtor Out of Luck Unless Property Is Abandoned
Disallowed Claims and Lien Stripping: Plain English May Not Be Sufficient to Win the Day
Delinquent Property Tax Sales: What Rights Does a Tax Sale Purchaser Have?
Springing Liability: Full Recourse Means Full Recourse
Bankruptcy Sale Appeal: You Better Obtain a Stay Pending Appeal or You May Be Out of Luck
Landlord Liens: When Is Waiver and Subordination Not Waiver and Subordination?
Setoff: When Is a Deficiency an Insufficiency?

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