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: Real Estate
Cramdown Plan of Reorganization: Can A $2400 Tail Wag An $8.6 Million Dog?
Village Green I, GP v. Fed. Nat’l. Mortgage Ass’n. (In Re Village Green I, GP), 811 F.3d 816 (6th Cir. 2016) – The debtor sought confirmation of a plan of reorganization where the impaired accepting class consisted of two claims … Continue reading
Avoiding Mortgages: How Far Does a Bona Fide Purchaser Have To Go in Searching Records?
Wenzel v. Green Tree Servicing, LLC (In re Wenzel), 554 B.R. 861 (Bankr. W.D. Wis. 2016) – A chapter 7 trustee and a debtor sought to avoid as a preference a mortgage assignment that was recorded within 90 days prior … Continue reading
Chapter 7 Discharge: When Is In Rem Not In Rem?
In re Jackson 554 B.R. 156 (BAP 6th Cir. 2016) – At the request of a chapter 7 debtor, the bankruptcy court reopened his case and sanctioned the debtor’s condominium association for violating his discharge. On appeal the Bankruptcy Appellate … Continue reading
Bankruptcy Sales: Free and Clear Could Be Clearer
In re Love, 553 B.R. 54 (Bankr. D. S.C. 2016) – Chapter 13 debtors filed a motion seeking authority to sell 5 acres of real property free and clear of a mortgage covering the property. The mortgagee objected.
Subrogation: A Mortgagee May Be Able to Obtain Priority for Future Advances, But Don’t Count on It
Trampush v. United FCS (In re Trampush), 552 B.R. 817 (Bankr. W.D. Wisc. 2016) – Chapter 13 debtors sought a determination of the priority of two mortgages. A successor to the first mortgagee argued that the entire balance owed to … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, subordination
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Foreclosure: Failure to Timely Record Sale Deed (Oops)
Cornell v Envoy Mortgage, Ltd. (In re Hosch), 551 B.R. 696 (Bankr. D. N.H. 2016) – A foreclosing mortgagee that was the successful bidder at the foreclosure sale delayed recording the sale deed. A chapter 7 trustee claimed that as … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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