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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
Cramdown Plan of Reorganization: “Dirt-For-Debt”
In re Investors Lending Group, LLC, 489 B.R. 307 (Bankr. S.D. Ga. 2013) – The treatment of a bank’s claim under a Chapter 11 plan of reorganization became the last issue that required resolution in order to confirm the proposed plan. … Continue reading
Trying to Protect Crop Sale Claims: Title Retention Does Not Help
In re Wezbra Dairy, LLC, 493 B.R. 768 (Bankr. N.D. Ind. 2013) – Crop farmers grew corn for use as feed for the debtor’s dairy herd and then stored the corn in bunkers on the debtor’s property under a license from … Continue reading
Title Insurance Claims: What Happens When “Push Comes to Shove”
Henderson v. Cmty. Bank of Mississippi (In re Evans), 492 B.R. 480 (Bankr. S.D. Miss. 2013) – An individual (Evans) together with thirteen entities he controlled filed bankruptcy. In the context of an adversary proceeding brought by a chapter 7 trustee to … Continue reading
Loss Mitigation Program: Sooner Or Later a Court May Lose Patience With a Dilatory Mortgagee
In re Bambi, 492 B.R. 183 (Bankr. S.D.N.Y. 2013) – The Bankruptcy Court for the Southern District of New York has adopted Loss Mitigation Program Procedures to facilitate negotiation in cases where individual debtors are in danger of losing their homes … Continue reading
Mortgage Execution: Even a “Teensy-Weensy Boo-Boo” Can Come Back To Bite You
Wells Fargo Bank, N.A. v. Gordon (In re Codrington), 716 F.3d 1344 (11th Cir. 2013) – A Chapter 7 trustee sought to use his strong arm powers as a hypothetical bona fide purchaser to avoid a security deed. He argued that … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Misrepresentations to a Mortgagee: Does Assignment of a Loan Constitute a Get Out Of Jail Free Card for Fraud?
Pazdzierz v. First Am. Title Ins. Co., 718 F.3d 582 (6th Cir. 2013) – First American Title Insurance Company (First American) contended that an individual debtor should not receive a discharge for several mortgage loans based on false statements he made … Continue reading
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