Category Archives: Real Estate

Real Estate

Bankruptcy Appeal: Jumping Through Hoops for Standing

Posted on June 8, 2016 by BankruptcyRealEstateInsights

In re Terry, 543 B.R. 173 (E.D. Pa. 2015) – The bankruptcy court approved a settlement between the debtor and a tax sale purchaser of debtor’s real estate and confirmed the debtor’s chapter 13 plan, with the result that the … Continue reading →

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Mortgage Assignments: Assignment of a Mortgage Without the Underlying Note is A Nullity

Posted on May 25, 2016 by BankruptcyRealEstateInsights

In re Cornerstone Homes, Inc., 544 B.R. 492 (Bankr. W.D. N.Y. 2015) – A chapter 11 trustee sought a judgment that a series of mortgages were unenforceable as a matter of law because the written assignments transferring them to the … Continue reading →

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Mortgage Priority: And What About Equitable Subrogation?

Posted on May 18, 2016 by BankruptcyRealEstateInsights

Stambaugh v. PNC Bank, N.A. (In re Stambaugh), 532 B.R. 572 (Bankr. M.D. Pa. 2015) – A chapter 13 debtor sought to establish the priority of certain mortgages, and the bank that held all of the mortgages attempted to reorder the … Continue reading →

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Filing on the Eve of Foreclosure: Sometimes It Works, and Sometimes It Doesn’t

Posted on May 11, 2016 by BankruptcyRealEstateInsights

In re LJBV Ltd., 544 B.R. 401 (Bankr. N.D. Ill 2016) – The debtor filed a Chapter 11 case immediately after a receiver was appointed in a state foreclosure proceeding. The mortgagee filed a motion to dismiss the bankruptcy case … Continue reading →

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Property Surrender Round 2: Can a Mortgagee Really Be Forced to Take Title?

Posted on April 27, 2016 by BankruptcyRealEstateInsights

In re Williams, 542 B.R. 514 (Bankr. D. Kan. 2015) – A chapter 13 debtor obtained confirmation of a plan which provided for surrender of his residential property to a secured creditor. The debtor later moved to amend the plan … Continue reading →

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Single Asset Real Estate Cases: 0 Is Less Than 4 – Or Is It?

Posted on April 20, 2016 by BankruptcyRealEstateInsights

In Re Kachina Village, LLC, 538 B.R. 124 (Bankr. D. N.M. 2015) – A creditor sought to have its collateral designated as “single asset real estate” in order to trigger certain special protections relating to the automatic stay. The court’s … Continue reading →

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