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).

Equitable Subordination: Construction Lenders Beware

Posted on December 23, 2014 by BankruptcyRealEstateInsights

Atlantic Builders Group, Inc. v. Old Line Bank (In re Prince Frederick Inv., LLC), 516 B.R. 778 (Bankr. D. Md. 2014) – A construction contractor contended that the claim of the debtor’s construction lender should be equitably subordinated based on the … Continue reading →

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Mortgage Recording: What Happens When There Is An Extra “E”?

Posted on December 19, 2014 by BankruptcyRealEstateInsights

Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a mortgage using his “strong-arm” powers on the basis that it was not properly recorded because the spelling … Continue reading →

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Mortgage Recording Requirements: Tiny Technical Defect Strikes Again

Posted on December 16, 2014 by BankruptcyRealEstateInsights

Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) – A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not … Continue reading →

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Recorded Documents: Who Loses When A Document Is Not Properly Indexed?

Posted on December 12, 2014 by BankruptcyRealEstateInsights

Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed conveying the … Continue reading →

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Leases: Avoid Unnecessary Headaches With Precise Drafting

Posted on December 9, 2014 by BankruptcyRealEstateInsights

Charter v. Kearney (In re Colen), 516 B.R. 618 (Bankr. D. Or. 2014) – A chapter 7 trustee sued the tenants’ landlord to recover payment of a fee that he contended was illegal under state law.  The issue turned on whether a … Continue reading →

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Bankruptcy Sales: It Is A Good Idea To Confirm You Are Acquiring Everything You Need Before You Close

Posted on December 5, 2014 by BankruptcyRealEstateInsights

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp. (In re Nevel Properties Corp.), 765 F.3d 846 (8th Cir. 2014) – The purchaser of assets from one bankruptcy debtor objected to the plan of reorganization filed by a related bankruptcy … Continue reading →

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