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: Who Gets First Dibs on Christmas Trees?

Posted on October 25, 2012 by BankruptcyRealEstateInsights

Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) – In Grogan, the debtors planted and harvested Christmas trees.  The bankruptcy court was called upon to determine whether the debtors could exercise their “strong … Continue reading →

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Marshaling Assets: Variation on a Theme

Posted on October 23, 2012 by BankruptcyRealEstateInsights

Great Lakes Agri-Services, LLC v State Bank of Newberg (In re Enright), 474 B.R. 854 (Bankr. E.D. Wisc. 2012) – Steven Enright and his wife borrowed money from a bank to buy dairy cows and other improvements for the family dairy … Continue reading →

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“Vacuous” Landlord Lien Claim: There Are Limits to Advocacy

Posted on October 18, 2012 by BankruptcyRealEstateInsights

Huntington Nat’l Bank v. Bruinsma (In re Kentwood Pharmacy, L.L.C.) 478 B.R. 602 (Bankr. W.D. Mich. 2012) – In Kentwood, the landlord argued that it had a possessory landlord’s lien on the debtor’s assets that was senior to a secured bank … Continue reading →

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“Strong Arm” Powers: Not All Mistakes are Equal in Avoiding a Mortgage

Posted on October 16, 2012 by BankruptcyRealEstateInsights

Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521 (Bankr. S.D. Ohio 2011) – In Jared, the chapter 7 trustee sought to avoid two mortgages on registered land that (a) were noted on the certificates of title to … Continue reading →

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Non-Dischargeable Debts: Some Lies Matter More Than Others

Posted on October 11, 2012 by BankruptcyRealEstateInsights

Bandi v. Becnel (In re Bandi), 683 F.3d 671 (5th Cir. 2012) – In Bandi, the debtors made false statements regarding their ownership of particular real estate.  The Fifth Circuit upheld a finding that debts incurred in reliance on those … Continue reading →

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“Strong Arm” Powers Round 4: Manufactured Home Liens

Posted on October 9, 2012 by BankruptcyRealEstateInsights

Vanderbilt Mortgage & Finance, Inc. v. Higgason (In re Pierce), 471 B.R. 876 (B.A.P. 6th Cir. 2012) – Proper perfection of a lien is critical because typically an unperfected lien can be avoided in a bankruptcy using the strong arm … Continue reading →

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