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