Category Archives: Real Estate

Real Estate

Easements and Sales “Free and Clear”: Oops – All Gone

Port of Corpus Christi Auth. v. Sherwin Alumina Co., L.L.C. (In re Sherwin Alumina Co., L.L.C.), 932 F.2d 404 (5th Cir. 2019) – A state port authority (1) challenged sale of property free and clear of its road easement on Eleventh … Continue reading

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Continuing Perfection: Does a Mortgage Lapse During Bankruptcy If State Law Would Otherwise Require Steps to Maintain Perfection?

River Parishes Dirt & Gravel, LLC v. BankPlus (In re Willow Bend Ventures, LLC), 603 B.R. 293 (Bankr. E.D. La. 2019) – A lender’s secured claim was challenged on the basis that postpetition it failed to take steps required to maintain … Continue reading

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Mortgages in Foreclosure: Strategies Can Get Complicated, Particularly When Bankruptcy Is on the Horizon

In re Battershell, 603 B.R. 86 (Bankr. D. N.M. 2019) – A chapter 13 debtor objected to a proof of claim filed by a junior mortgagee. The claim included an advance used to pay off a senior mortgage that was in … Continue reading

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Homestead Exemption: The Back Story Matters

In re Montgomery, 602 B.R. 352 (Bankr. S.D. Ohio 2019) – The debtor claimed a homestead exemption in residential property. The chapter 7 trustee objected that the debtor was not entitled to the exemption because he lived in a camper located … Continue reading

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Mortgage Defaults: What Is the Most Effective Path for Resolving Troubled Properties?

In re Big Dog II, LLC, 602 B.R. 64 (Bankr. N.D. Fla. 2019) – A mortgagee sought relief from the automatic stay for cause on the grounds that (1) it was not adequately protected, and (2) the debtor did not have … Continue reading

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Notice, Notice, Notice: When Is a Plan of Reorganization Not Binding?

In re Puchi Properties Inc., 601 B.R. 677 (Bankr. D. Ariz. 2019) – A chapter 11 trustee filed a motion with the bankruptcy court seeking to enforce a confirmation order and to compel a tenant to comply with terms of the … Continue reading

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Rents: What Happens to Unclaimed Rents Collected from Property That Is Abandoned?

In re Pena, 600 B.R. 415 (9th Cir. BAP 2019) – Well over a year after a bankruptcy case was closed, the debtor filed an application with the bankruptcy court seeking to recover unclaimed rent from deed of trust property that … Continue reading

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