Category Archives: Real Estate

Real Estate

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

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

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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Construction Payments: Can A Debtor Grab the Money?

Insite Corp. v. Walsh Constr. Co. Puerto Rico, 906 F.3d 139 (1st Cir. 2018) – A debtor subcontractor sought to recover progress payments it claimed were due from a general contractor. The general contractor argued that the debtor did not have … Continue reading

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Strong Arm Powers: Watch out for That Hypothetical Bona Fide Purchaser – It Can Do More Than Void Transfers and Obligations

Fallon Family, L.P. v. Goodrich Petroleum Corp. (In re Goodrich Petroleum Corp.), 894 F.3d 192 (5th Cir. 2018) – A non-debtor party filed a motion to either (1) compel the debtor to assume or reject a settlement agreement, or (2) “dissolve” … Continue reading

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Automatic Stay Relief: Where Best to Untangle Joint Ownership Interests?

In re Guy, 587 B.R. 475 (Bankr. E.D.N.C. 2018) – A chapter 7 debtor and his sister jointly owned real property as tenants-in-common. The sister moved for relief from the automatic stay in order to commence a state court action for … Continue reading

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Exemption for Government Assistance: How Needy Is Needy?

Hanson v. Seaver (In re Hanson), 903 F.3d 793 (8th Cir. 2018) – A chapter 7 trustee objected to a debtor’s exemption claim for a state property tax refund. The bankruptcy court sustained the objection; the Bankruptcy Appellate Panel affirmed on … Continue reading

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Mortgage Preference: Dilly-Dally Around with Recording and You May Lose

USAA Fed. Sav. Bank v. Hope, 589 B.R. 914 (M.D. Ga. 2018) – A bankruptcy trustee sought to avoid a security deed granted to a refinancing lender as a preference. In defense the lender asserted that there was a substantially contemporaneous … Continue reading

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