Category Archives: Financing

Debt Recharacterization, Etc.: Standing, Standing and More Standing

Posted on May 1, 2019 by BankruptcyRealEstateInsights

Elswick Co., LLC v. Comm2013 CCRE12 Crossings Mall Road LLC (In re Tara Retail Group, LLC), 595 B.R. 215 (Bankr. N.D. W.Va. 2018) – An unsecured tenant creditor brought an adversary proceeding to recharacterize or equitably subordinate a $17 million claim … Continue reading →

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Discharge of Debt: A Seller Relying on a Buyer’s Assumption of Debt May Be Out of Luck If the Buyer Files Bankruptcy

Posted on April 10, 2019 by BankruptcyRealEstateInsights

Recanati v. Roberts (In re Roberts), 594 B.R. 484 (Bankr. N.D. Fla. 2018) – In connection with acquisition of a restaurant the debtor agreed to assume debts of the business. After the debtor filed a chapter 7 bankruptcy, the former owners … Continue reading →

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Avoiding Mortgages: What Happens When A Stranger to The Transaction Files a Discharge in Error?

Posted on April 3, 2019 by BankruptcyRealEstateInsights

Kelley v. Ocwen Loan Servicing, LLC (In re Bowers), 595 B.R. 869 (Bankr. M.D. Ga. 2018) – A chapter 7 trustee sought to avoid a security deed based on the fact that as of the petition date satisfactions of the security … Continue reading →

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Mortgage Loans: Beware Time Bars on Enforcing a Note or Mortgage

Posted on February 20, 2019 by BankruptcyRealEstateInsights

In re Eastman, 588 B.R. 600 (Bankr. D. Colo. 2018) – A chapter 13 debtor objected to the proof of claim filed by a mortgagee. The primary issue was whether the applicable statute of limitations precluded recovery of delinquent payments that … Continue reading →

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Foreclosure Sales: When Does a Debtor Lose the Ability to Interfere with the Sale?

Posted on February 13, 2019 by BankruptcyRealEstateInsights

In re Vertullo, 593 B.R. 92 (Bankr. D. N.H. 2018) – A mortgagee that sold a chapter 13 debtor’s home in a prepetition foreclosure auction but had not yet recorded a foreclosure deed sought relief from the automatic stay in order … Continue reading →

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Foreclosure Procedure: Very Small Details Can Make A Very Big Difference

Posted on February 6, 2019 by BankruptcyRealEstateInsights

HSBC Bank USA, N.A. v. Crum, 907 F.3d 199 (8th Cir. 2018) – A mortgagee brought an action in district court seeking to foreclose its mortgage. It filed a summary judgment motion that was granted by the district court. The debtor … Continue reading →

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