About Bankruptcy-RealEstate-Insights
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
Strong Arm Powers: What Can Be Done With An Avoided Lien?
DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) – A chapter 7 trustee sought to avoid an unrecorded first mortgage and to preserve the lien for the benefit of the bankruptcy estate. In response, the debtor sought … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, bankruptcy procedures, financing, strong arm powers
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Subcontractor Claims: What Can You Do Once Your General Contractor Files Bankruptcy?
Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether … Continue reading
Posted in Financing
Tagged automatic stay, avoidance action, bankruptcy procedures, statutory liens
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Delayed Recording: Sometimes Late Is No Better Than Never
Collins v. JP Morgan Chase Bank, N.A. (In re Flannery), 513 B.R. 1 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid as a preference a mortgage that was recorded within 90 days before a bankruptcy filing. The … Continue reading
Equitable Subrogation: “Complete and Perfect Justice” Requires Party To Be Without Fault
Ocwen Loan Servicing LLC v. Summit Bank, N.A. (In re Francis), 750 F.3d 754 (8th Cir. 2014) – A lender that attached the wrong legal description to its recorded mortgage sought equitable subrogation and/or reformation of the mortgage in order to … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, subordination
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Post-Petition Interest: Not Very Predictable
Prudential Ins. Co. of Am. v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC), 748 F.3d. 393 (1st Cir. 2014) – A senior mortgagee battled the debtor and a junior mortgagee over its entitlement to post-petition … Continue reading
Posted in Financing, Real Estate
Tagged bankruptcy procedures, claim determination, financing
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Mortgage Enforcement: Dot Those “i”s and Cross Those “t”s – Or Else
In re Demers, 511 B.R. 233 (Bankr. D. R.I. 2014) – A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply … Continue reading
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