Author Archives: BankruptcyRealEstateInsights

About BankruptcyRealEstateInsights

Vicki R. Harding was a partner in the Detroit office of Pepper Hamilton LLP who moved to Arizona seeking warmer weather. Ms. Harding continues to handle commercial transactions with an emphasis on real estate and bankruptcy issues (but no longer owns a snow shovel).

Covenants Running with the Land: To Be or Not to Be a Claim

Posted on August 22, 2018 by BankruptcyRealEstateInsights

American Std. Energy, Corp. v. Geronimo Holding Corp. (In re Geronimo Holding Corp.), 585 B.R. 138 (Bankr. W.D. Tex. 2017) – An assignment of a group of oil and gas leases required the debtor to reconvey the leases upon termination of … Continue reading →

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Defective Mortgages: Variations on a Theme

Posted on August 15, 2018 by BankruptcyRealEstateInsights

Harker v. PNC Mtg. Co. (In re Oakes), 581 B.R. 500 (6th Cir. B.A.P. 2018) – A chapter 7 trustee sought to avoid a recorded mortgage with a defective acknowledgment using his strong arm powers. The bankruptcy court ruled in favor … Continue reading →

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Interests Held by the Bankruptcy Estate: Can Contingent Interests Go Poof?

Posted on August 8, 2018 by BankruptcyRealEstateInsights

Reinbold v. Thorpe (In re Thorpe), 881 F.3d 536 (7th Cir. 2018) – A chapter 7 trustee sought to avoid the interest of a debtor’s wife in property that was awarded to her in a state court divorce proceeding. This decision … Continue reading →

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Defective Mortgages: There Is Constructive Notice, and Then There Is Inquiry Notice

Posted on August 1, 2018 by BankruptcyRealEstateInsights

Kelley v. USAA Fed. Sav. Bank (In re Jones), 580 B.R. 916 (Bankr. M.D. Ga. 2017) – A chapter 7 trustee sought to avoid a lender’s lien on property of the debtor. The recorded deed of trust was not signed by … Continue reading →

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UCC Terminations: An “Oops” Filing Can Be Fatal

Posted on July 25, 2018 by BankruptcyRealEstateInsights

Crop Production Services, Inc. v. Wheeler (In re Wheeler), 580 B.R. 719 (Bankr. W.D. Ky. 2017) – A chapter 7 debtor was a farmer who obtained various loans for equipment and land and to put crops in the field. One of … Continue reading →

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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

Posted on July 18, 2018 by BankruptcyRealEstateInsights

In re Peterson, 581 B.R. 789 (Bankr. D. Md. 2018) – A chapter 13 debtor confirmed a plan that provided for surrender of her condominium unit to secured creditors. After confirmation, the condominium association sought relief from the automatic stay to … Continue reading →

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