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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Category Archives: Financing
Surrendering Property: The Consequences of Surrender Are … Take Your Pick
In re Elkouby, 561 B.R. 551 (Bankr. S.D. Fla. 2016) – A chapter 7 debtor filed a statement that he intended to surrender real property securing a loan. After the bankruptcy case was closed, the debtor continued actively opposing a … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, financing, foreclosure
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What It Means to Cure a Default: Never Take Anything for Granted, the Rules Can Always Change
Pacifica L 51 LLC v. New Investments Inc. (In re New Investments Inc.), 840 F.3d 1137 (9th Cir. 2016) – The debtor proposed a chapter 11 plan that included curing defaults under a mortgage loan. The lender objected because the … Continue reading
Property Surrender: Surrender Means Surrender – No If’s, And’s or But’s
Failla v. Citibank, N.A. (In re Failla), 838 F.3d 1170 (11th Cir. 2016) – After chapter 7 debtors filed a statement of intention to surrender their house to their mortgagee, they continued to oppose the lender in a state court … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, financing, foreclosure
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Disposition of UCC Collateral: “Everybody Does It”
Morgantown Excavators, Inc. v The Huntington Nat’l Bank (In re Morgantown Excavators, Inc.), 557 B.R. 469 (Bankr. N.D. W.Va. 2016) – Chapter 7 debtors sued a lender alleging violations of the Uniform Commercial Code (UCC) and other state law based … Continue reading
When the Debtor Holds a Junior Lien: Can a Senior Lien Creditor March On or Is It Stayed?
Invest Vegas, LLC v. 21st Mortgage Corp. (In re Residential Capital, LLC), 556 B.R. 555 (Bankr. S.D. N.Y. 2016) – A debtor held a note secured by a first priority deed of trust on property that was also subject to a … Continue reading
Continuing a Foreclosure Sale: Violation of the Automatic Stay or Not?
Perez v. Deutsche Bank Nat’l Trust Co. (In re Perez), 556 B.R. 527 (1st Cir. BAP 2016) – A chapter 13 debtor sought damages for a mortgagee’s violation of the automatic stay, which he contended occurred when the mortgagee continued … Continue reading
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