Category Archives: Real Estate

Real Estate

Foreclosure: Debtor Who Fails to Pay Has an Uphill Battle Finding a Remedy Based on Procedural Defects

Posted on November 22, 2017 by BankruptcyRealEstateInsights

Turner v. Wells Fargo Bank N.A. (In re Turner), 859 F.3d 1145 (9th Cir. 2017) – The debtors brought multiple claims following foreclosure of their residence. After the bankruptcy court dismissed the claims in a decision that was affirmed by the … Continue reading →

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Surcharging Collateral: Amazing How Long People Can Fight over Money

Posted on November 8, 2017 by BankruptcyRealEstateInsights

Peters v. Clark (In re Bryan), 857 F.3d 1078 (10th Cir. 2017) – After a convoluted history of appeals and remands, issues relating to the sale of a residence by a chapter 7 trustee once again came before the 10th … Continue reading →

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Claiming Insurance Proceeds: Watch for State Law Twists and Turns

Posted on November 1, 2017 by BankruptcyRealEstateInsights

Park Restoration, LLC v. Erie Insurance Exchange (In re Trustees of Conneaut Lake Park, Inc.), 855 F.3d 519 (3rd Cir. 2017) – When the debtor’s property was destroyed by fire, the insurance company applied the insurance proceeds first to delinquent property … Continue reading →

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Non-Recourse Loan Redux: Turning into Recourse and Back Again

Posted on October 18, 2017 by BankruptcyRealEstateInsights

Mastan v. Salamon (In re Salamon), 854 F.3d 632 (9th Cir. 2017) – A deed of trust creditor filed a claim in a Chapter 11 case contending that its nonrecourse loan was entitled to treatment as a recourse loan under section … Continue reading →

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Automatic Stay: Beware State Specific Quirks When Filing Liens

Posted on October 11, 2017 by BankruptcyRealEstateInsights

In re Linear Electric Co., 852 F.3d 313 (3rd Cir. 2017) – After a general contractor filed bankruptcy, two of its suppliers filed construction liens against property of owners who had contracts with the contractor. The debtor sought a determination that … Continue reading →

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Lease Claims: Exactly How Does the Cap Work?

Posted on October 4, 2017 by BankruptcyRealEstateInsights

Kupfer v. Salma (In re Kupfer), 852 F.3d 853 (9th Cir. 2016) – The controversy before the 9th Circuit involved interpretation of the cap on landlord claims under section 502 of the Bankruptcy Code. Prior to bankruptcy the leases in question … Continue reading →

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