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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
FDPCA: If You Want to Collect Debts from a Consumer, You Better Know What You Are Doing
Murray v. Revenue Mgmt. Corp. (In re Murray), 552 B.R. 1 (Bankr. D. Mass. 2016) – A chapter 13 debtor sued a debt collector based on a letter sent to the debtor alleging violations of the Fair Debt Collection Practices … Continue reading
Chapter 13 Plan: How to Really Get Rid of Unwanted Property … Or Maybe Not
HSBC Bank USA, N.A. v. Zair, 550 B.R. 188 (Bankr. E.D. N.Y. 2016) – The debtors proposed a chapter 13 plan that provided for surrendering real property to the first mortgagee, with title to the property vesting in the mortgagee … Continue reading
Mortgagor Claims: If At First You Don’t Succeed, Try, Try Again
In re Jepson v. Bank of New York Mellon, 816 F.3d 942 (7th Cir. 2016) – A creditor requested modification of the automatic stay so that it could proceed with a foreclosure action. The debtor opposed the motion and sought … Continue reading
Recording Requirements: When “Duly Acknowledged” Is Not Enough
DeGiacomo v. First Call Mortgage Company (In re Reznikov), 548 B.R. 606 (Bankr. D. Mass. 2016) – A chapter 7 trustee sought to avoid a recorded mortgage based on a defective acknowledgment and then to preserve the lien of the … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, priority of interests, strong arm powers
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Default Interest: There’s Prepetition Interest and Postconfirmation Plan Interest – Don’t Forget About What Happens in the Middle
Wells Fargo Bank, N.A. v. Beltway One Development Group, LLC (In re Beltway One Development Group, LLC), 547 B.R. 819 (9th Cir. BAP 2016) – A creditor objected to confirmation of a chapter 11 plan of reorganization because it did … Continue reading
Posted in Financing
Tagged bankruptcy procedures, claim determination, cramdown, financing, plan of reorganization
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When Is Involuntary Vesting Incompatible with Surrender? – When a Court Says So
In re Tosi, 546 B.R. 487 (Bankr. D. Mass 2016) – A mortgagee objected to a proposed chapter 13 plan which provided that the debtor’s title to the mortgaged property would automatically vest in the mortgagee if the debtor and … Continue reading
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