- 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?
- Cramdown: Can “Dirt-for-Debt” Qualify as the Indubitable Equivalent of a Secured Claim?
- PACA Claims: Watch Out or the Tail Will Wag the Dog
- Multiple Bankruptcy Filings: Try, Try, Try Again (… And Again… And Again)
- Debt Acceleration: If You Say It but Decide You Do Not Mean It, Better to Revisit and Say What You Do Mean
- Resale Profit Participation: Beware – Payments May Be Avoidable as Preferences
- Abandonment: What Does It Take to Show Substantial Value?
- Authority to File Bankruptcy: When Is a Veto Void as Against Public Policy?
- The Nonexistent Debtor and Indefinite Contract Terms: Better to Dot the I’s and Spell Out the Agreed Upon Terms
- Sovereign Immunity: Still Plenty of Room for Argument When You Try to Recover From the Government
- Non-Dischargeability: Shuffling Assets Among Entities May Lead To Non-Dischargeability No Matter How Indirect and Difficult to Follow
- Statutory Liens: May Not Necessarily Be Unassailable
- Nondischarge for Fraud and the Like: Going After the Debtor May be Harder Than You Would Expect
- Deficiency Claims: State Law Procedures Can Safely Be Ignored … Or Not
- Sale Free and Clear of Lease: The Battle Between Section 363 and Section 365
- Trustee Abandonment: Abandon Not Hope but A Home of Inconsequential Value
- Chapter 13 Debtors: Do Not Take It For Granted That a Chapter 13 Debtor Can Exercise Trustee Powers
- Assignment of Rents: Who Has What Interests?
- Asset Protection: Legitimate Planning or Fraudulent Transfer Based on Actual Intent to Hinder or Delay Creditors (Who Knows)?
- Discharge of Securities Law Violations: Nothing Is Ever Straightforward
- Married Individual Guarantor: Collecting from Property Subject to a Spouse’s Interest Can Be “Iffy”
- Serial Filings That Block a Creditor: Better Not to Obtain More Relief Than You Need
- Sale Appeals: No Stay, No Appeal – Or Maybe Not
- Structured Dismissal: Congress Does Not Hide Elephants in Mouseholes?
- Foreclosure: Debtor Who Fails to Pay Has an Uphill Battle Finding a Remedy Based on Procedural Defects
- Plan Valuation of Secured Claims: What Happens When Foreclosure Value Is Higher Than Without Foreclosure?
- Surcharging Collateral: Amazing How Long People Can Fight over Money
- Claiming Insurance Proceeds: Watch for State Law Twists and Turns
- Stale Debt and the FDCPA: Unenforceable Does Not Necessarily Mean No Payment
- Non-Recourse Loan Redux: Turning into Recourse and Back Again
- Automatic Stay: Beware State Specific Quirks When Filing Liens
- Lease Claims: Exactly How Does the Cap Work?
- Post-Confirmation Bankruptcy Sale Matters: Will the Bankruptcy Court Be Willing and Able to Referee?
- Plan Requirements: What Can You Do When a Party Fails To Comply With a Plan? – Good Question
- Federal Tax Liens: Be on the Lookout for Tax Lien Notices – Perfection and Priority Can Be Tricky
- “Duly Acknowledged” Is Not Enough: Play It Again Sam
- Automatic Stay: Relief Permitting Foreclosure Does Not Give a Mortgagee Carte Blanche
- Property Tax Claims: One More Effort to Collect As Much Is Possible
- Defective Mortgage Acknowledgments: Variations on a Theme
- Bankruptcy Sales: No Stay, No Appeal (Except Issue of Good Faith Purchaser)
- Secured Claims: MERS Strikes Again, Or Maybe Not
- PACA Claims: Beware of PACA Trusts Providing Special Protection to Perishable Agricultural Commodities Sellers
- Foreclosure Sales: Strong Arm Powers and the Subtleties of State Law
- Secured Claim Cramdown: You Can Try Fighting, But Is It Worth It?
- Chapter 13 Residential Mortgages: Anti-Modification Round 3
- Chapter 13 Residential Mortgages: Anti-Modification Round 2
- First Residential Mortgages: Do Not Take Anti-Modification Protection for Granted
- Short Sale: Is There an Argument That an Underwater Mortgagee Is Required to Consider and Approve?
- Free and Clear Sales: There’s This Little Thing Called Due Process
- Pre-confirmation Bankruptcy Sale: When Can You Hurry up and Sell?
- Lease Rejection: What Happens When the Landlord and Tenant Are Both in Bankruptcy?
- Chapter 13 Plans: Start With The Standard Local Plan, And Then What? (Not Much)
- UCC Debtor Name: To Avoid Disaster Dot All of The I’s and Don’t Forget the T’s
- Avoiding Mortgages (Again): Consider Carefully the Form of Execution / Acknowledgment When Using a Power Of Attorney
- Interpreting a Guaranty: Teeny Typo Turns Into a Colossal Pain
- Surrendering Property: The Consequences of Surrender Are … Take Your Pick
- Avoiding Judicial Liens: Existing But Unenforceable v. Nonexistent
- Plan Discharge and Injunction Provisions: Creditors Beware
- What It Means to Cure a Default: Never Take Anything for Granted, the Rules Can Always Change
- Bankruptcy Estate: Would the Automatic Stay Protect a Squatter?
- Property Surrender: Surrender Means Surrender – No If’s, And’s or But’s
- Deeds: Not All “Freebies” Are Fraudulent
- Broker Commissions: So You Want To Be Paid
- Disposition of UCC Collateral: “Everybody Does It”
- Bankruptcy Sales: Buyers Are Not the Only Ones Who Should Beware
- When the Debtor Holds a Junior Lien: Can a Senior Lien Creditor March On or Is It Stayed?
- IRS Lien Release: Does Release of A Lien Necessarily Mean That The Underlying Tax Liability Was Satisfied?
- Continuing a Foreclosure Sale: Violation of the Automatic Stay or Not?
- Purchase Agreements: Say What You Mean … The More Precise the Better?
- Buyer Standing: No Leg to Stand On
- Time-Barred Proof of Claim: To File or Not to File, That Is the Question
- Cramdown Plan of Reorganization: Can A $2400 Tail Wag An $8.6 Million Dog?
- Avoiding Mortgages: How Far Does a Bona Fide Purchaser Have To Go in Searching Records?
- Bankruptcy Sales: Consider All of the Facts
- Guarantors Beware: Ignore Boilerplate at Your Peril
- Chapter 7 Discharge: When Is In Rem Not In Rem?
- Authorizing a Bankruptcy: When Is a Vote Not Really a Vote?
- Bankruptcy Sales: “Free and Clear” Is Not Necessarily a Free Pass
- Ordinary Course Preference Defense: How Hard Can You Push to Get Paid?
- Bankruptcy Sales: Free and Clear Could Be Clearer
- Subrogation: A Mortgagee May Be Able to Obtain Priority for Future Advances, But Don’t Count on It
- Foreclosure: Failure to Timely Record Sale Deed (Oops)
- FDPCA: If You Want to Collect Debts from a Consumer, You Better Know What You Are Doing
- Lease Rejection: Does the Contract Disappear?
- Chapter 13 Plan: How to Really Get Rid of Unwanted Property … Or Maybe Not
- Deemed Lease Rejection: Nothing Says That the Bankruptcy Code Must Make Sense
- Mortgagor Claims: If At First You Don’t Succeed, Try, Try Again
- Leases: Prebankruptcy Termination May Not Mean That the Landlord Is Out Of the Woods
- Recording Requirements: When “Duly Acknowledged” Is Not Enough
- Bankruptcy Filing Veto: Better Follow the Playbook
- Default Interest: There’s Prepetition Interest and Postconfirmation Plan Interest – Don’t Forget About What Happens in the Middle
- Broker Listing Agreement: Seller Beware – Be Sure You Get What You Paid For Before You Have To Pay
- Abandonment: Better Think Twice Because There is No “Do Over”
- Leases: How About Those Attorneys’ Fees?
- When Is Involuntary Vesting Incompatible with Surrender? – When a Court Says So
- Condominium Assessments: Dischargeable or Not?
- Bond Financing Liens: Who’s on First?
- Plan Voting: Insiders – Do You Know One When You See One?
- Chapter 11 Bankruptcy Sale: So Who Needs a Plan of Reorganization Anyway?
- Consumer Foreclosure: Lawyers May Need to Tread Lightly
- Bankruptcy Appeal: Jumping Through Hoops for Standing
- Discharge Injunction: Maybe It Works, and Maybe It Doesn’t
- Mortgage Assignments: Assignment of a Mortgage Without the Underlying Note is A Nullity
- Mortgage Priority: And What About Equitable Subrogation?
- Filing on the Eve of Foreclosure: Sometimes It Works, and Sometimes It Doesn’t
- Postpetition Sale: What Happens If the Debtor Won’t Perform (Not Much)?
- Property Surrender Round 2: Can a Mortgagee Really Be Forced to Take Title?
- Single Asset Real Estate Cases: 0 Is Less Than 4 – Or Is It?
- UCC Sales: Do Not Take the Sale Process for Granted
- Limited Liability Company: How Far Can a Member’s Trustee Reach?
- Escrow Funds: Who Gets to Keep the Cash?
- Rents: The Battle Over Use of Rents to Pay Professionals
- Foreclosure Effects: Beware of State Laws
- Leases: To Be or Not to Be a Nonresidential Lease
- Lease Claims: Once Again, You Snooze You Lose
- Default Interest: Do Not Take Enforceability for Granted
- Chapter 13 Plan: How to Really Get Rid of Unwanted Property
- Environmental Contribution Claims: You Snooze, You Lose
- Landlord Debtor: The Cost of Rejection
- Loan Assignment: Surprise – A Successor Lender May Step into Only One Shoe
- Discharge Injunction: Secured Claims Can Ride through Bankruptcy Without Regard to a Discharge
- UCC Financing Statements: The Ins and Outs of “Authorization”
- Discharge Injunction: There May Be More Nuances Than You Think
- Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance
- Partner Liability: Choice of Law Could Make More of a Difference Than You Might Expect
- Individual Debtor Exemptions: What Can You Do With a Rent-Stablized Lease?
- Sales Free and Clear: Does Consent Really Mean Consent?
- Non-Recourse Loans: Turning Into Recourse and Back Again
- Bare Legal Title: Joint Tenancy Meets Equitable Resulting Trust
- Individual Debtor Discharge: Does “See No Evil, Hear No Evil” Work?
- Lien Rights: Does Discharge of a Debtor Preclude Enforcement of a Lien Against the Debtor’s Property?
- Government Contract: How Can a Subcontractor Get Paid?
- Mortgage Acknowledgements: Can A Boo-Boo Be Fixed?
- Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien
- Joint Tenancy: What Happens When a Joint Tenant’s Interest Becomes Part of the Bankruptcy Estate?
- Brokers: Rely on Broker Statements at Your Peril
- Property Surrender: Surrender Means Surrender – Really
- Broker Commissions: Technical Requirements Trump Equitable Considerations
- Strong Arm Powers: Does Sovereign Immunity Trump a Claim Based on State Law?
- Settlement Proceeds: When Does Cash Become Quasi Real Estate?
- Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?
- Nonresidential Leases: What Does It Take To Avoid Deemed Rejection?
- Chapter 11 Sales: Believe It Or Not, There Really Are Limits
- Officer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse
- Credit Bidding: Not An Absolute Right (And What Does That Mean?)
- Claim Amount: It Pays To Pay Attention
- Good Faith Deposit: Who Gets To Keep the Cash?
- Foreclosed Property: Related Rights May Be Tricky
- Intercreditor Agreements: Recognize That Second Lien Financings Are A Special Case Of Subordinated Lending
- Recording Errors: A Typo Is Not Always Fatal
- Cramdown Hurdles Round 3: Try, Try Again
- Security Agreement: When Drafting You Better Say What You Mean
- “Deed in Lieu”: Deed That Is Not Really In Lieu Of Foreclosure Will Likely Not Be Treated As a Deed
- Bailment: Retaining Funds Received From a Bankrupt Bailee Is Not a Slam Dunk
- Trespass And Other Claims: Ever Wonder If Litigation Is Worth It?
- Foreclosures: Beware Unexpected Violations
- Plan Confirmation Feasibility: “I Know It When I See It”?
- Foreclosure Sales: When Is the “Deed” Done?
- Limited Liability Companies: Handle Bankrupt LLC Members With Care
- Transferee Liability: The Lottery Ticket/Uranium Contract Rule
- Mortgage Claims: Sometimes the Debtor Wins, and Sometimes the Lender Wins
- Appeals: Try, Try Again – If You Can Get Your Foot in the Door You May Succeed
- Manufactured Home Lien: Forget Perfection, You Need To Have A Lien In The First Place
- Lost Mortgage Notes: Those Pesky State UCC Variations
- Lease Claims: You Snooze, You Lose
- Mortgage Notes: Those Nasty Assignments!
- Environmental Liability: Relief Through Bankruptcy Or Not?
- Sale Orders: Ignore at Your Peril, Even After the Bankruptcy Case is Closed
- Substantive Consolidation: When Abuse Goes Too Far An LLC Will Not Shield Assets
- Land Contracts: Mortgage Priority and Other Complications
- Surety Bonds: Direct Claims v Derivative Claims – Who Knew?
- Attorney Fees: Following Local Law Can Mean the Difference Between Collecting or Not
- Lease Damage Claim: Federal or State Law – Flip A Coin?
- Real Estate Sales: Fixtures Can Be In the Eye of the Beholder (a/k/a Boilerplate Matters)
- Real Estate Cases: You May Want to Think Twice Before You File
- Real Estate Cases: Bad Faith Filing Does Not Necessarily Mean That You Are A Bad Person
- Post-Confirmation: Ignoring Court Orders Is Not A Good Idea
- Bankruptcy Sales: “It Ain’t Over ’Til It’s Over”
- Proof of Claim: Foreign Qualification Requirements May Be More Important Than You Thought
- UCC Collateral Description: More May Not Be Better
- Prepetition Stay Waivers: Which Way Is The Wind Blowing?
- Delinquent Property Tax Collection: Dancing Around the Automatic Stay
- Construction Contracts: Nothing Beats a Meeting of the Minds
- Equitable Subordination: Construction Lenders Beware
- Mortgage Recording: What Happens When There Is An Extra “E”?
- Mortgage Recording Requirements: Tiny Technical Defect Strikes Again
- Recorded Documents: Who Loses When A Document Is Not Properly Indexed?
- Leases: Avoid Unnecessary Headaches With Precise Drafting
- Bankruptcy Sales: It Is A Good Idea To Confirm You Are Acquiring Everything You Need Before You Close
- Sale Proceeds: Better Get the Carve-Out Right the First Time
- Loan to Own: A Potpourri of Bankruptcy Attacks
- Loan to Own Variation: Bankruptcy May Not Provide The Answers
- Strong Arm Powers: Mortgage Boo-Boo Strikes Again
- Cramdown Hurdles Round 2: Confirmation Can Be An Elusive Prize
- Cramdown Hurdles: How to Play the Classification Game (Or Not)
- Automatic Stay: What Happens When a Case is Reopened?
- Medical Marijuana: What Happens in Bankruptcy (Not Much)
- Calculating Title Insurance Claims: Reduction in Value vs. Insured Claim
- Rejecting Related Contracts: When Can You Pick and Choose?
- Mortgage Modifications: Senior Loans May Become Not So Senior
- Mortgage-Backed Securities: “It Is The Rare Ordinary Human Being Who Understands Them”
- Stay Relief: What Happens to “Unreasonable” Fees?
- LLP: When Is A Partnership Not a Partnership (And Who Cares)?
- Environmental Claims: The Gift That Keeps On Giving
- Sales Free and Clear: What About Restrictive Covenants?
- Strong Arm Powers: What Can Be Done With An Avoided Lien?
- Subcontractor Claims: What Can You Do Once Your General Contractor Files Bankruptcy?
- LLC Operating Agreement: Is A Purchase Option Enforceable Against A Bankrupt Member?
- Delayed Recording: Sometimes Late Is No Better Than Never
- Equitable Subrogation: “Complete and Perfect Justice” Requires Party To Be Without Fault
- Credit Bid (Round 2): What Does It Take to Show “Cause”?
- Credit Bid: Loan-to-Own Strikes Out
- Abandonment: When Property Drops Out of the Bankruptcy Estate
- Improperly Indexed Mortgage: How Far Does Your Record Review Need to Go to Be Safe?
- LLC Managers Beware: Get Involved With Member Distributions By an Insolvent LLC and You May Be Personally Liable
- Fraudulent Transfer: A Case Where Strong Arm Powers Were “An Inch Too Short”
- Lease Termination: Do You Really Mean It?
- Post-Petition Interest: Not Very Predictable
- Mortgage Enforcement: Dot Those “i”s and Cross Those “t”s – Or Else
- Property Tax Foreclosure: Tax Authority May Have to Pay for Equity in Property
- Affiliate Transfer: Fraudulent Conveyance or Unwinding Resulting Trust?
- Bankruptcy Sales and Leases: “Free And Clear” May Not Be So “Free And Clear”
- Environmental Claims: Twenty Years Later
- Post-Petition Interest: Default Rate Is Not a Slam Dunk
- Sale “Free and Clear”: Adequate Protection of Nothing is Nothing
- Strong Arm Powers: For Want of An “S” the Mortgage Was Lost
- Lease Abatement: The Act of Eliminating or Nullifying
- Sale Free and Clear: Permitted “Matters of Record” May Be Broader Than You Expect
- Homestead (And Other) Exemptions: Some Fraud Counts More Than Others
- Title Insurance: May Not Solve As Many Problems As You Might Expect
- Tortious Interference Claims: Something To Keep In Mind
- Foreclosure Sale: In a Race With a Bankruptcy Filing, Who Wins?
- Entireties Property, Etc.: Who Can Grab the Rents?
- Stay Pending Appeal: Some Days A Stay Is Easier to Obtain Than Others
- Missing Mortgage Details: At the End of the Day These Mortgages Survived
- Bankruptcy Sale: No Stay Pending Appeal, Then No Appeal?
- LLC Membership Transfer: Is Expulsion of a Member a Preferential Transfer?
- Bankruptcy Estate: When Is A Joint Venture A Partnership (And Who Cares)?
- Fraudulent Transfer: How Can A Warehouse Lender Qualify For The Good Faith Exception?
- Upsetting a Bankruptcy Auction: Money Talks
- Rents in Bankruptcy: Grab While You Can and You May Hold A Winning Hand
- Bankruptcy Sales: “Free And Clear” Meets Tax Injunction Act
- Affiliates and Insiders: Is A Limited Liability Company A Corporation (And Who Cares)?
- Constructive Notice of Bankruptcy: When Is A Mailing Address Good Enough?
- Post Confirmation Loan Documents: What Happens If The Parties Don’t Agree?
- Landlord Stub Rent Claim: Administrative Priority Or Not?
- Landlord Lease Claims: Avoiding the Statutory Cap – Round 2
- Landlord Lease Claims: Avoiding the Statutory Cap – Round 1
- Pre-Petition Default Interest: Don’t Take Anything For Granted
- Enforcing a Mortgage: A Lost Note May Result In a Lost Cause
- Landlord Claims: Not All Administrative Expense Claims Are Equal
- Collecting A Prepayment Premium: Plain Language May Not Be So Plain
- Administrative Expenses: Are Electrons Movable So That Electricity Is a Good?
- Leases: The Special Case of a Governmental Landlord
- Recording Defects: A Continuing Theme – Trivial Mistakes May Not Be So Trivial
- Proof Of Claim: Get Too Aggressive And Your Proof May Go Poof
- Dragnet Clauses: Sometimes They Don’t Work as Hoped, and Sometimes They Do
- Potential Sale of Jointly Owned Property: Practicable Partition Is Somewhere Between Possible and Practical
- Impact of Lis Pendens: More Questions Than Answers
- Lease Assumption (and Rejection): It Ain’t So Until the Court Says So
- Mortgagee Stay Relief: Wending a Path Through Adequate Protection and Dragnet Clauses
- Sale Contract for Mineral Interests: Speak Early and Often, Or Forever Hold Your Peace
- Default Interest: Is a Mortgagee Entitled to Collect the Contract Rate, or Must It Be Reasonable?
- Environmental Enforcement: Sometimes Bankruptcy Provides a Respite, and Sometimes It Doesn’t
- Bankruptcy Sales: Sometimes the Mortgagee Wins
- Bankruptcy Sales: Acquiring Related Contracts (Whether the Debtor Cooperates or Not)
- Bankruptcy Sales: “Free and Clear” – Round 2
- Bankruptcy Sales: “Free and Clear”… Or Not
- Delinquent Property Tax Sales (Again): “Reasonably Equivalent Value” – No Way, No How
- Chapter 11 Claim: Nonrecourse + No Equity = Disallowed Claim… Or Maybe Not
- Mortgage “Strip Off” in Chapter 7: Dewsnup Fails to Prevail – Go Figure
- Untimely Secured Proof of Claim: The Ghost of Dewsnup May Save the Day
- Delinquent Property Taxes: Beware the Risk of Tax Deeds
- Avoidance Recoveries: Who Can Be Sued And When?
- Bankruptcy Sale: A Potpourri of Issues
- Unrecorded Mortgage Assignment: If You Snooze, You Can Lose
- Control Of An LLC: Who Comes Out On Top – A Bankrupt Member Or The Member’s Chapter 7 Trustee?
- Underwater Liens: Can A Federal Tax Lien Be Stripped Off In A Chapter 13?
- Claim Priority: Construction Lien Meets Mortgage – Who Wins?
- Authority to File Bankruptcy: What Will a Court Consider?
- The Ivanhoe Rule: Double Recovery Is Not Permitted, But … (a/k/a Limitation-on-Dividend Approach Meets Reduction-of-Claim Approach)
- Mortgagee Relief: “Cause” Is In the Eye of the Beholder – Round 2
- Options for an Underwater Mortgagee: The Mysteries of an 1111(b) Election
- Mortgagee Relief From the Automatic Stay: “Cause” Is In the Eye of the Beholder – Namely the Court
- Lease Termination: Say It Like You Mean It (Or Else)
- California Anti-Deficiency Laws: Is Your Trust Obligor a “True” Guarantor Or Merely a Primary Obligor in Disguise?
- Leases: Is Rejection the Same as Termination and Who is the Tenant Anyway?
- Missing Mortgage Details: This Time a Mortgage Survives the Trustee’s Attack
- Preferences: Surprise – Being Fully Secured May Not Be A Complete Defense
- Foreclosure Procedures: Dot Those i’s and Cross Those t’s… Or Else
- Mortgage Acknowledgments: Tiny Deviation From Suggested Forms Can Spell Disaster
- LLC Member: Is a Pre-Bankruptcy Expulsion Vulnerable to Attack?
- Treatment Under Plan of Reorganization: Mortgage Discharge May Take More Than You Might Expect
- UCC Financing Statements: Words to the Wise — Do Not Allow an Active UCC to Lapse
- Construction Claims: Trust Funds Can Go Poof (Round 2)
- Fraudulent Transfers: More Or Less Insolvent
- Title Company Escrow Check: Now You See It, Now You Don’t
- Letter of Credit: Not A Financial Accommodation, Executory Contract Or Even A Contract?
- Single Asset Real Estate Case: How Single is Single?
- Post-Petition Interest and Subordination: The Rule of Explicitness Lives (and Drafting Matters)
- Leases: The Debtor Tenant’s Right To “Assume” and To “Assign” Does Not Mean To “Assume and Assign”
- Bankruptcy Sales: “Free and Clear” Of An “Interest” May Even Extend To Blocking A Successor Unemployment Insurance Experience Rating
- Bankruptcy Sales: Buyer Beware, As-Is Means As-Is, and So On
- Original Issue Discount Claim: Maybe It’s Allowed, And Maybe It’s Not
- Foreclosure: Is A National Bank Authorized to Foreclose Non-Judicially In Arkansas?
- Financial Institution Payments: When Is A Preference Not A Preference?
- Of Auction Sales and Fees: Going, Going, Going … Not Gone
- Landlord Claims: Calculating Capped Future Rent Claims Should Be A Simple Matter of Arithmetic – Right?
- Property Transfers: What Goes On In Probate Court Stays In Probate Court – Wrong
- Repossession: Just Because You Have A Legal Right To Recover Assets Doesn’t Mean It Is Going To Be Easy
- Cramdown Plan of Reorganization: “Dirt-For-Debt”
- Fractional Remainder Interest: Sale Will Thwart Grantor’s Estate Planning Objectives – Who Cares?
- Trying to Protect Crop Sale Claims: Title Retention Does Not Help
- Title Insurance Claims: What Happens When “Push Comes to Shove”
- Loss Mitigation Program: Sooner Or Later a Court May Lose Patience With a Dilatory Mortgagee
- Mortgage Execution: Even a “Teensy-Weensy Boo-Boo” Can Come Back To Bite You
- Plan Options and the Absolute Priority Rule: What Is the Difference Between an Individual and an Entity Debtor (If Any)?
- Misrepresentations to a Mortgagee: Does Assignment of a Loan Constitute a Get Out Of Jail Free Card for Fraud?
- Standing to Appeal Sale: “Person Aggrieved” Is In the Eye of the Beholder
- Property Tax Interest Rate: Does “Nonbankruptcy Law” Include Law Specifically Limited to Bankruptcy?
- Fraudulent Transfer: “Reasonably Equivalent Value” Meets the Internal Revenue Code
- Fraudulent Transfer: “Reasonably Equivalent Value” Meets Debt Recharacterization
- Cross-Collateralization: Your Dragnet Clause May Have at Least a Little Hole In It
- Cross-Collateralization: Beware the Intricacies of Local Real Estate Law
- Foreclosure Sale As a Preference: “Strong Arm” Powers Strike Again
- Lease Claims: Sometimes Privity Matters
- Failure to Negotiate Mortgage Note: “Strong Arm” Powers With A Twist
- Assignment of Rents: Absolute May Not Be So Absolute – Round 2
- Equitable and Mandatory Subordination: The Disappearing Claim
- Strong Arm Powers: What Happens When a Mortgage Is Avoided – Does It Go Poof?
- Pre-Bankruptcy Stay Waiver: Who Cares, It’s Not Enforceable Anyway – Right?
- Annulling the Automatic Stay: When Is Retroactive Relief Available?
- Friendly Creditor: On What Basis Can a Plan Vote Be Disregarded?
- Credit Bid: “This Is Not Rocket Science”
- Artificial Impairment of Claims: Can The Tail Wag The Dog in Confirming a Plan?
- Special Purpose Entities: What Recourse Does A Lender Have When SPEs Are Consolidated Pre-Bankruptcy? … Maybe None
- Prime-Plus Cramdown Rate: You Can Forget Market Reality
- Funding Commitment: “Inure to the Benefit of the Parties Hereto” May Not Mean What You Think It Means
- Potential Claims: Don’t Forget ILSA (Federal Interstate Land Sales Full Disclosure Act)
- Fraudulently Conveyed Property: Part of the Bankruptcy Estate and Subject to the Automatic Stay (Or Not)?
- What Comes After Stay Relief: The Disappearing Deficiency Claim (Round 2)
- What Comes After Stay Relief: The Disappearing Deficiency Claim (Round 1)
- Delinquent Property Tax Foreclosure: Is There “Reasonably Equivalent Value” or Not?
- Bankruptcy Plan: Burgeoning “New Value” Competitive Bidding Requirement
- Bankruptcy Purchasers Beware: Do Not Take For Granted That Your Sale Will Be “Free and Clear”
- Defalcation and Dischargeability: The Supreme Court Speaks
- Discharge Injunction Violation: Can a Lender Refuse to Foreclose, Release Its Lien, or Accept Surrender of a Property?
- Proof of Claim: Itemization of Fees, Expenses, and Charges Means Itemization (or Else)
- 363 Sales: Watch It – A Good Faith Deposit May Not Be As Reliable For Protection As You Thought
- Environmental Claims: The Best Laid Schemes of Mice and Men …
- Escrow Funds: If You Aren’t Careful, Your Funds May Become Part of a Bankruptcy Estate
- Mortgage Errors: How Not to Correct a “Boo-Boo”
- Equitable Subordination: Lenders Beware – It Is Not Enough That Actions Are Permitted Under the Loan Documents
- The Continuing Saga of Mortgage Errors: Not All “Boo-Boos” Are Fatal
- Classification of Mortgage Deficiency: The Difference Between a Veto Right and Disenfranchisement
- Bankruptcy Sales: Can LLC Interests Be Sold Over a Member’s Objections?
- Trying to Undo a Settlement: Bad Liens Don’t Make Bad Settlement Payments
- Mortgage Liens: Can Liens Be Stripped Off in a Chapter 13?
- Mortgage Liens: Can Liens Be “Stripped Off” (vs. “Stripped Down”) in a Chapter 7 Case?
- Secured Claims: What Does it Take to Extinguish a Lien Through a Plan?
- Priority Fight: Equipment Vendor Takes On Mortgagee
- Mortgagee “Cramdown”: Sometimes You Just Can’t Win
- Sales “Free and Clear”: What is an “Interest”?
- Mortgagee Standing: This Time MERS Is Not The Problem (a/k/a Sloppy Securitization Procedures Strike Again)
- Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 2)
- Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 1)
- Automatic Stay: Rolling the Dice With a Tax Deed
- Tax Claims: Good Investment (Maybe)?
- Assignment of Rents: Can You Spend Rents and Still Provide Adequate Protection to the Mortgagee?
- Assignment of Rents: Absolute May Not Be So Absolute
- Mortgage Execution Errors: If You Make a Mistake, Try Not To Do It in Ohio
- Lease Rejection Damages: How to Avoid the Cap (Maybe)
- Tenant Security Deposits: You May Be Closer to Defalcation Than You Think
- Attorneys’ Fees: Reasonable Is In the Eye of the Beholder
- Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 2)?
- Mortgage Legal Descriptions: When Is a “Boo-Boo” Fatal (Round 1)?
- Of Sales and Leases: Can a Bankrupt Landlord Sell Free and Clear of a Tenant’s Interest?
- Construction Claims: Trust Funds Can Go Poof
- Perfecting Manufactured Home Liens: Variations on a Theme
- Mortgagees Beware: Your Dragnet May Have a Hole In It
- Bankruptcy Sale Offers: Highest Is Not Always Best
- Foreclosure: Will a Last Minute Sale Survive?
- Mortgagees Beware: Stay Relief Does Not Mean You Are Home Free
- Prepetition Post-Default Rents: Who Gets the Cash – Round 2?
- Prepetition Fire Insurance Proceeds: Who Gets the Cash?
- Protecting Utilities: Would You Believe a Bill Payment is a Settlement Payment Under a Forward Contract?
- Rent as Administrative Expense: Can a “Terminated” Lease Also Be “Unexpired”?
- Broker Commissions: Trying To Climb The Payment Priority Ladder
- Ad Valorem Property Taxes: Deadline For Challenging In A Bankruptcy
- “Loan to Own” Debtor: Public Interest Overrides Bad Faith Filing
- Golf Fees As Cash Collateral: Strike Three You’re Out
- Condo Liens: Judicial Lien v. Security Interest v. Statutory Lien – And Who Cares?
- Valuing Collateral: Do Low-Income Housing Tax Credits Count?
- Foreclosure Sale: Does a Week-to-Week Adjournment Violate the Automatic Stay?
- High-Cost Loan Preemption: Who is the Lender in a Table-Funded Loan?
- Refinance Mortgage: “Strong Arm” Powers Meet Equitable Subrogation
- Construction Trust Funds: Does Failure to Pay Give Rise to a Non-Dischargeable Debt?
- Bidders Beware: Collusion to Control Sale Price Is Subject to Sanctions
- Construction Lien Payments: Trust Funds or Not?
- “Strong Arm” Powers: Who Gets First Dibs on Christmas Trees?
- Marshaling Assets: Variation on a Theme
- “Vacuous” Landlord Lien Claim: There Are Limits to Advocacy
- “Strong Arm” Powers: Not All Mistakes are Equal in Avoiding a Mortgage
- Non-Dischargeable Debts: Some Lies Matter More Than Others
- “Strong Arm” Powers Round 4: Manufactured Home Liens
- Lease Interpretation: “Clear and Unambiguous” Is In the Eye of the Beholder?
- Treatment Under A Plan of Reorganization: What Does It Take To Discharge A Mortgage?
- Mortgage Foreclosure: Beware the Automatic Stay
- Delinquent Property Tax Collection: Foreclosure May Be Vulnerable
- “Strong Arm” Powers Round 3: What Happens If A Mortgage Is Recorded Before a Deed?
- Automatic Stay Is Not Absolute: You Can Still Go To Jail
- Property Interests / Subordination: Plan Ahead, Or You May Be Stuck Behind
- Challenging a Bankruptcy Sale: You Snooze, You Lose
- Can Default Interest And Late Fees Be Excluded From Secured Claims? … Maybe, Maybe Not
- Lease Assumption: What if the Store Has Gone “Dark”?
- Mortgage Loan Sales / Guarantees: Freedom of Contract And Double Counting
- Usurious Loan Claim: What Is An Equitable Result?
- “Strong Arm” Powers Round 2: This Time The Mortgage Survives
- Chapter 11 Secured Loans: “Lien Stripping” Lives
- Accepting Payment Before A Construction Lien Is Filed: Catch-22?
- Bankruptcy “Strong Arm” Powers: Bye Bye Mortgage
- RadLAX: Supreme Court Speaks On Credit Bidding
- TOUSA: What’s All the Fuss?
- Syndicated Loans: When Does A No Vote Count As Yes?
- Welcome to www.Bankruptcy-RealEstate-Insights.com
About Bankruptcy-RealEstate-Insights
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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