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).

Individual Debtor Discharge: Does “See No Evil, Hear No Evil” Work?

Posted on November 19, 2015 by BankruptcyRealEstateInsights

Sullivan v. Glenn, 782 F.3d 378 (7th Cir. 2015) – A creditor sought to have its debt excepted from discharge because he advanced funds to the debtors in reliance on fraudulent misrepresentations. The bankruptcy court found in favor of the debtors, … Continue reading →

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Lien Rights: Does Discharge of a Debtor Preclude Enforcement of a Lien Against the Debtor’s Property?

Posted on November 11, 2015 by BankruptcyRealEstateInsights

Washington v. Green Tree Servicing, LLC (In re Washington), 529 B.R. 654 (Bankr. D. S.C. 2015) – After filing a second chapter 13 bankruptcy, a debtor brought a proceeding to determine the creditor’s lien rights, if any, in her mobile home and … Continue reading →

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Government Contract: How Can a Subcontractor Get Paid?

Posted on November 4, 2015 by BankruptcyRealEstateInsights

G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US agency. After … Continue reading →

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Mortgage Acknowledgements: Can A Boo-Boo Be Fixed?

Posted on October 28, 2015 by BankruptcyRealEstateInsights

Bank of America, N.A. v. Casey, 517 B.R. 1 (D. Mass. 2015) – A Chapter 7 trustee sought to avoid a mortgage using “strong-arm” powers based on a defect in the acknowledgement. The mortgagee contended that the defect was cured by … Continue reading →

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Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Posted on October 14, 2015 by BankruptcyRealEstateInsights

Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by the debtor’s … Continue reading →

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Joint Tenancy: What Happens When a Joint Tenant’s Interest Becomes Part of the Bankruptcy Estate?

Posted on October 7, 2015 by BankruptcyRealEstateInsights

Peet v. Checkett (In re Peet), 529 B.R. 718 (8th Cir. BAP 2015) – A chapter 7 trustee proposed to sell real and personal property that was owned by the chapter 7 debtors as joint tenants with parents of one of the debtors … Continue reading →

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