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).

California Anti-Deficiency Laws: Is Your Trust Obligor a “True” Guarantor Or Merely a Primary Obligor in Disguise?

Posted on December 20, 2013 by BankruptcyRealEstateInsights

In re Brock, 494 B.R. 534 (Bankr. D. Colo. 2013) – Individual chapter 11 debtors objected to a deficiency claim filed by a bank.  They argued that California’s anti-deficiency laws prevented the bank from making a claim against the debtors under their … Continue reading →

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Leases: Is Rejection the Same as Termination and Who is the Tenant Anyway?

Posted on December 17, 2013 by BankruptcyRealEstateInsights

John Hilsman Inv., LLC v. Quality Properties, LLC, 500 B.R. 105 (N.D. Ala. 2013) – A Chapter 11 debtor sought to assume a lease that had been assigned to it.  The landlord contended that rejection of the lease in a prior … Continue reading →

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Missing Mortgage Details: This Time a Mortgage Survives the Trustee’s Attack

Posted on December 13, 2013 by BankruptcyRealEstateInsights

PNC Bank, Nat’l Ass’n v. Nordwall, 499 B.R. 599 (C.D. Ill. 2013) – A mortgagee moved for entry of a default judgment in its foreclosure action.  The mortgagor’s chapter 7 trustee intervened and claimed that the mortgage could be avoided using his … Continue reading →

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Preferences: Surprise – Being Fully Secured May Not Be A Complete Defense

Posted on December 10, 2013 by BankruptcyRealEstateInsights

Gladstone v. Bank of America, N.A. (In re Vassau), 499 B.R. 864 (Bankr. S.D. Cal. 2013) – A chapter 7 trustee sought to avoid payments made to a fully secured senior mortgagee within 90 days prior to bankruptcy as preferential to an … Continue reading →

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Foreclosure Procedures: Dot Those i’s and Cross Those t’s… Or Else

Posted on December 6, 2013 by BankruptcyRealEstateInsights

In re AMRCO, Inc., 496 B.R. 442 (Bankr. W.D. Tex. 2013) – A mortgagee requested a comfort order from the bankruptcy court to confirm that the automatic stay did not apply to property that it had purchased at a non-judicial foreclosure … Continue reading →

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Mortgage Acknowledgments: Tiny Deviation From Suggested Forms Can Spell Disaster

Posted on December 3, 2013 by BankruptcyRealEstateInsights

Weiss v. Wells Fargo Bank, N.A. (In re Kelley), 498 B.R. 392 (1st Cir. BAP 2013) – A chapter 7 trustee sought to avoid a mortgage granted by the debtors on the basis that the acknowledgment was defective.  After the bankruptcy court … Continue reading →

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