Category Archives: Financing

Lien Rights: Does Discharge of a Debtor Preclude Enforcement of a Lien Against the Debtor’s Property?

Posted on November 11, 2015 by BankruptcyRealEstateInsights

Washington v. Green Tree Servicing, LLC (In re Washington), 529 B.R. 654 (Bankr. D. S.C. 2015) – After filing a second chapter 13 bankruptcy, a debtor brought a proceeding to determine the creditor’s lien rights, if any, in her mobile home and … Continue reading →

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Government Contract: How Can a Subcontractor Get Paid?

Posted on November 4, 2015 by BankruptcyRealEstateInsights

G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US agency. After … Continue reading →

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Mortgage Acknowledgements: Can A Boo-Boo Be Fixed?

Posted on October 28, 2015 by BankruptcyRealEstateInsights

Bank of America, N.A. v. Casey, 517 B.R. 1 (D. Mass. 2015) – A Chapter 7 trustee sought to avoid a mortgage using “strong-arm” powers based on a defect in the acknowledgement. The mortgagee contended that the defect was cured by … Continue reading →

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Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Posted on October 14, 2015 by BankruptcyRealEstateInsights

Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by the debtor’s … Continue reading →

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Property Surrender: Surrender Means Surrender – Really

Posted on September 23, 2015 by BankruptcyRealEstateInsights

In re Failla, 529 B.R. 786 (Bankr. S.D. Fla. 2014) – Individual chapter 7 debtors filed a statement of intention electing to surrender their real estate.  The mortgagee contended that they had failed to do so and filed a motion to … Continue reading →

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Settlement Proceeds: When Does Cash Become Quasi Real Estate?

Posted on September 2, 2015 by BankruptcyRealEstateInsights

Farmer v. Citizens Nat’l Bank of Athens (In re Davis), 528 B.R. 757 (Bankr. E.D. Tenn. 2015) – A chapter 7 trustee sought a court determination that the trustee had a superior claim to settlement proceeds arising from damage to real property.  … Continue reading →

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