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).

Strong Arm Powers: For Want of An “S” the Mortgage Was Lost

Posted on July 22, 2014 by BankruptcyRealEstateInsights

Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) – A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not … Continue reading →

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Lease Abatement: The Act of Eliminating or Nullifying

Posted on July 18, 2014 by BankruptcyRealEstateInsights

N. Providence, LLC v. Great Atlantic & Pacific Tea Co., Inc. (In re Great Atlantic & Pacific Tea Co., Inc.), 510 B.R. 42 (S.D.N.Y. 2014) – A lease provided that if the landlord failed to pay a construction allowance when … Continue reading →

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Sale Free and Clear: Permitted “Matters of Record” May Be Broader Than You Expect

Posted on July 15, 2014 by BankruptcyRealEstateInsights

In re Joan Fabrics Corp., 508 B.R. 881 (Bankr. D. Del. 2014) – The buyer of assets in a bankruptcy sale sought to enforce its asset purchase agreement against a county that was seeking to collect personal property taxes arising … Continue reading →

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Homestead (And Other) Exemptions: Some Fraud Counts More Than Others

Posted on July 11, 2014 by BankruptcyRealEstateInsights

Law v Siegel, 134 Sup.Ct. 1188, 188 L.Ed.2d 146 (2014) – A bankruptcy court ordered that a debtor’s homestead exemption be surcharged to pay the attorney’s fees of a Chapter 7 incurred in overcoming the debtor’s fraud. The order was affirmed … Continue reading →

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Title Insurance: May Not Solve As Many Problems As You Might Expect

Posted on July 8, 2014 by BankruptcyRealEstateInsights

Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) – In the context of the bankruptcy proceeding to determine the validity of a mortgage, the mortgagee filed a third-party … Continue reading →

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Tortious Interference Claims: Something To Keep In Mind

Posted on July 1, 2014 by BankruptcyRealEstateInsights

Highland Capital Mgmt. L.P. v. UBS Securities, LLC (In re Lyondell Chemical Co.), 505 B.R. 409 (S.D.N.Y. 2014) – A hedge fund sued an investment bank for tortious interference based on its exclusion from participation in exit financing for a … Continue reading →

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