Category Archives: Real Estate

Real Estate

Bare Legal Title: Joint Tenancy Meets Equitable Resulting Trust

Posted on November 25, 2015 by BankruptcyRealEstateInsights

Davis v. Hoa Thi Phan (In re Tung Thanh Nguyen), 783 F.3d 759 (10th Cir. 2015) – A chapter 7 trustee sought to avoid as a fraudulent conveyance a debtor’s transfer of real property to his sister by quit claim deed for … Continue reading →

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Lien Rights: Does Discharge of a Debtor Preclude Enforcement of a Lien Against the Debtor’s Property?

Posted on November 11, 2015 by BankruptcyRealEstateInsights

Washington v. Green Tree Servicing, LLC (In re Washington), 529 B.R. 654 (Bankr. D. S.C. 2015) – After filing a second chapter 13 bankruptcy, a debtor brought a proceeding to determine the creditor’s lien rights, if any, in her mobile home and … Continue reading →

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Government Contract: How Can a Subcontractor Get Paid?

Posted on November 4, 2015 by BankruptcyRealEstateInsights

G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US agency. After … Continue reading →

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Mortgage Acknowledgements: Can A Boo-Boo Be Fixed?

Posted on October 28, 2015 by BankruptcyRealEstateInsights

Bank of America, N.A. v. Casey, 517 B.R. 1 (D. Mass. 2015) – A Chapter 7 trustee sought to avoid a mortgage using “strong-arm” powers based on a defect in the acknowledgement. The mortgagee contended that the defect was cured by … Continue reading →

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Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Posted on October 14, 2015 by BankruptcyRealEstateInsights

Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by the debtor’s … Continue reading →

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Joint Tenancy: What Happens When a Joint Tenant’s Interest Becomes Part of the Bankruptcy Estate?

Posted on October 7, 2015 by BankruptcyRealEstateInsights

Peet v. Checkett (In re Peet), 529 B.R. 718 (8th Cir. BAP 2015) – A chapter 7 trustee proposed to sell real and personal property that was owned by the chapter 7 debtors as joint tenants with parents of one of the debtors … Continue reading →

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