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).

Consumer Foreclosure: Lawyers May Need to Tread Lightly

Posted on June 15, 2016 by BankruptcyRealEstateInsights

Jackson v ING Bank, FSB (In re Jackson), 545 B.R. 62 (Bankr. D. Mass 1916) – A chapter 13 debtor sued a mortgagee’s law firm asserting various claims based on the firm’s attempts to exercise remedies in connection with a … Continue reading →

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Bankruptcy Appeal: Jumping Through Hoops for Standing

Posted on June 8, 2016 by BankruptcyRealEstateInsights

In re Terry, 543 B.R. 173 (E.D. Pa. 2015) – The bankruptcy court approved a settlement between the debtor and a tax sale purchaser of debtor’s real estate and confirmed the debtor’s chapter 13 plan, with the result that the … Continue reading →

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Discharge Injunction: Maybe It Works, and Maybe It Doesn’t

Posted on June 1, 2016 by BankruptcyRealEstateInsights

In re Sanchez, 545 B.R. 55 (Bankr. D.N.M. 2016) – Chapter 7 debtors reopened their bankruptcy case so that they could file a motion seeking sanctions against a trash collector for violating the discharge injunction. The court found that there … Continue reading →

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Mortgage Assignments: Assignment of a Mortgage Without the Underlying Note is A Nullity

Posted on May 25, 2016 by BankruptcyRealEstateInsights

In re Cornerstone Homes, Inc., 544 B.R. 492 (Bankr. W.D. N.Y. 2015) – A chapter 11 trustee sought a judgment that a series of mortgages were unenforceable as a matter of law because the written assignments transferring them to the … Continue reading →

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Mortgage Priority: And What About Equitable Subrogation?

Posted on May 18, 2016 by BankruptcyRealEstateInsights

Stambaugh v. PNC Bank, N.A. (In re Stambaugh), 532 B.R. 572 (Bankr. M.D. Pa. 2015) – A chapter 13 debtor sought to establish the priority of certain mortgages, and the bank that held all of the mortgages attempted to reorder the … Continue reading →

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Filing on the Eve of Foreclosure: Sometimes It Works, and Sometimes It Doesn’t

Posted on May 11, 2016 by BankruptcyRealEstateInsights

In re LJBV Ltd., 544 B.R. 401 (Bankr. N.D. Ill 2016) – The debtor filed a Chapter 11 case immediately after a receiver was appointed in a state foreclosure proceeding. The mortgagee filed a motion to dismiss the bankruptcy case … Continue reading →

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