Category Archives: Real Estate

Real Estate

Mortgage-Backed Securities: “It Is The Rare Ordinary Human Being Who Understands Them”

Posted on October 21, 2014 by BankruptcyRealEstateInsights

In re Lehman Bros. Holdings Inc., 513 B.R. 624 (Bankr. S.D.N.Y. 2014) – A purchaser of residential mortgage-backed securities filed proofs of claim based on alleged misrepresentations by the debtors in offering materials distributed in connection with sale of the … Continue reading →

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Stay Relief: What Happens to “Unreasonable” Fees?

Posted on October 17, 2014 by BankruptcyRealEstateInsights

Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 358 (5th Cir. 2014) – After an oversecured creditor obtained relief from the automatic stay and foreclosed on some property, the bankruptcy court asserted jurisdiction … Continue reading →

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Environmental Claims: The Gift That Keeps On Giving

Posted on October 10, 2014 by BankruptcyRealEstateInsights

Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) – A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The district court dismissed the claims, and Asarco … Continue reading →

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Sales Free and Clear: What About Restrictive Covenants?

Posted on October 7, 2014 by BankruptcyRealEstateInsights

Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC), 746 F.3d 1206 (11th Cir. 2014) – A chapter 11 debtor owned property that had always been used as a golf course and club. When it requested that it be … Continue reading →

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Strong Arm Powers: What Can Be Done With An Avoided Lien?

Posted on October 3, 2014 by BankruptcyRealEstateInsights

DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) – A chapter 7 trustee sought to avoid an unrecorded first mortgage and to preserve the lien for the benefit of the bankruptcy estate. In response, the debtor sought … Continue reading →

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Delayed Recording: Sometimes Late Is No Better Than Never

Posted on September 23, 2014 by BankruptcyRealEstateInsights

Collins v. JP Morgan Chase Bank, N.A. (In re Flannery), 513 B.R. 1 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid as a preference a mortgage that was recorded within 90 days before a bankruptcy filing. The … Continue reading →

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