Category Archives: Financing

Scrivener’s Error: Can a Residential Deed of Trust Be Avoided Because It States That It Secures a Maximum Principal Amount of $21.1 Trillion?

Posted on March 18, 2020 by BankruptcyRealEstateInsights

Rouse v. U.S. Bank, N.A. (In re Lolley), 607 B.R. 673 (Bankr. W.D. Mo. 2019) – A chapter 7 trustee sought to avoid a deed of trust lien on the grounds that it did not comply with statutory requirements. Specifically, the … Continue reading →

Posted in Financing, Real Estate | Tagged , | Leave a comment

UCC Collateral Description: Can You Look Beyond the Four Corners of the Financing Statement?

Posted on March 11, 2020 by BankruptcyRealEstateInsights

First Midwest Bank v. Reinbold (In re I80 Equipment, LLC), 938 F.3d 866 (7th Cir. 2019) – In connection with a lawsuit to recover a loan secured by substantially all of a debtor’s assets, a lender sought a declaration that its … Continue reading →

Posted in Financing | Tagged , | Leave a comment

Real Estate Purchase Agreement: Contract for Deed or Mortgage – It Makes a Difference

Posted on February 26, 2020 by BankruptcyRealEstateInsights

In re Edwards, 606 B.R. 356 (Bankr. E.D. Ark. 2019) – A chapter 13 debtor proposed a plan that treated a contract for deed as a secured claim. The seller objected, contending that the contract was terminated prepetition so that the … Continue reading →

Posted in Financing, Real Estate | Tagged , | Leave a comment

Documents Under Seal: The Word “Seal” on a Preprinted Form May Be More Than a Vestige of Times Gone By (a/k/a 20 Years Is a Long Time)

Posted on February 19, 2020 by BankruptcyRealEstateInsights

In re George, 606 B.R. 236 (Bankr. E.D. Pa. 2019) – A chapter 13 debtor objected to the proof of claim filed by a lender asserting an unsecured claim based on the debtor’s guaranty. The debtor contended that the guaranty was … Continue reading →

Posted in Financing | Tagged | Leave a comment

Anti-Assignment Provisions: Restrictions on Transfer of Promissory Notes May Be More Enforceable Than You Might Expect

Posted on February 12, 2020 by BankruptcyRealEstateInsights

In re Woodbridge Group of Companies, LLC, 608 B.R. 201 (D. Del. 2019) – The debtor objected to a creditor’s proof of claim on the grounds that transfer of the claim to the creditor was unenforceable against the debtor because it … Continue reading →

Posted in Financing | Tagged , | Leave a comment

Cash Collateral: What Does It Take to Address the Risk That Once Cash Is Used It Is Just Gone?

Posted on February 5, 2020 by BankruptcyRealEstateInsights

In re Tevoortwis Dairy, LLC, 605 B.R. 833 (E.D. Mich. 2019) – A Chapter 11 debtor filed a motion to use cash collateral. The key question was whether there was adequate protection of the lender’s interest in the cash collateral.

Posted in Financing | Tagged | Leave a comment