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).

Foreclosure Sale: Does a Week-to-Week Adjournment Violate the Automatic Stay?

Posted on November 20, 2012 by BankruptcyRealEstateInsights

Henson v. Bank of America, N.A. (In re Henson), 477 B.R. 786 (Bankr. D. Colo. 2012) – In Henson a foreclosure sale was stayed by the debtors’ filing of a chapter 13 bankruptcy.  The bank allowed the sale date to be … Continue reading →

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High-Cost Loan Preemption: Who is the Lender in a Table-Funded Loan?

Posted on November 15, 2012 by BankruptcyRealEstateInsights

Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) – Massachusetts has enacted a Predatory Home Loan Practices Act (Chapter 183C), which among other things requires that lenders making “high-cost” mortgage loans must (i) obtain a … Continue reading →

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Refinance Mortgage: “Strong Arm” Powers Meet Equitable Subrogation

Posted on November 13, 2012 by BankruptcyRealEstateInsights

Green v. HSBC Mortgage Services, Inc. (In Re Green), 474 B.R. 790 (Bankr. D. Md. 2012) – In Green, a lender refinanced a first priority deed of trust loan that had been made by IndyMac Bank, F.S.B.  For some unknown … Continue reading →

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Construction Trust Funds: Does Failure to Pay Give Rise to a Non-Dischargeable Debt?

Posted on November 6, 2012 by BankruptcyRealEstateInsights

Reshetar Systems, Inc. v. Thompson, 686 F.3d 940 (8th Cir. 2012) – Scott Thompson, the owner and manager of a construction company, signed a confession of judgment accepting liability for the company’s failure to pay its subcontractor sums received from … Continue reading →

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Bidders Beware: Collusion to Control Sale Price Is Subject to Sanctions

Posted on November 1, 2012 by BankruptcyRealEstateInsights

Boyer v. Gildea, 475 B.R. 647 (N.D. Ind. 2012) – In Gildea, the bankruptcy trustee claimed that a group of insiders colluded with the purchaser of the debtor’s assets at a Section 363 auction to control the sale price.  Consequently … Continue reading →

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Construction Lien Payments: Trust Funds or Not?

Posted on October 30, 2012 by BankruptcyRealEstateInsights

Lain v. V3 Construction Group Ltd. (In re Erickson Retirement Communities, LLC), 475 B.R. 762 (Bankr. N.D. Tex. 2012) – The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to … Continue reading →

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