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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Author Archives: BankruptcyRealEstateInsights
Foreclosure: Failure to Timely Record Sale Deed (Oops)
Cornell v Envoy Mortgage, Ltd. (In re Hosch), 551 B.R. 696 (Bankr. D. N.H. 2016) – A foreclosing mortgagee that was the successful bidder at the foreclosure sale delayed recording the sale deed. A chapter 7 trustee claimed that as … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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FDPCA: If You Want to Collect Debts from a Consumer, You Better Know What You Are Doing
Murray v. Revenue Mgmt. Corp. (In re Murray), 552 B.R. 1 (Bankr. D. Mass. 2016) – A chapter 13 debtor sued a debt collector based on a letter sent to the debtor alleging violations of the Fair Debt Collection Practices … Continue reading
Lease Rejection: Does the Contract Disappear?
Fisher Brothers Mgmt. Co. LLC v. Genco Shipping & Trading Ltd. (In re Genco Shipping & Trading Ltd.), 550 B.R. 676 (S.D. N.Y. 2015) – A debtor rejected a master lease. The landlord and a subtenant filed claims for rejection … Continue reading
Chapter 13 Plan: How to Really Get Rid of Unwanted Property … Or Maybe Not
HSBC Bank USA, N.A. v. Zair, 550 B.R. 188 (Bankr. E.D. N.Y. 2016) – The debtors proposed a chapter 13 plan that provided for surrendering real property to the first mortgagee, with title to the property vesting in the mortgagee … Continue reading
Deemed Lease Rejection: Nothing Says That the Bankruptcy Code Must Make Sense
In re Hyegu Cho, 550 B.R. 152 (Bankr. D. Me. 2016) – A landlord moved for relief from the automatic stay in a chapter 13 case. It contended that the lease was a commercial lease that was deemed rejected because … Continue reading
Mortgagor Claims: If At First You Don’t Succeed, Try, Try Again
In re Jepson v. Bank of New York Mellon, 816 F.3d 942 (7th Cir. 2016) – A creditor requested modification of the automatic stay so that it could proceed with a foreclosure action. The debtor opposed the motion and sought … Continue reading
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