Category Archives: Real Estate

Real Estate

Standing to Appeal Sale: “Person Aggrieved” Is In the Eye of the Beholder

Posted on August 23, 2013 by BankruptcyRealEstateInsights

Gentile v. DeGiacomo (In re Gentile), 492 B.R. 580 (1st Cir. BAP 2013) – A chapter 7 trustee sought c0urt approval to sell several investment properties.  The debtors objected, arguing that the sales should be suspended until a pending state court appeal … Continue reading →

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Property Tax Interest Rate: Does “Nonbankruptcy Law” Include Law Specifically Limited to Bankruptcy?

Posted on August 20, 2013 by BankruptcyRealEstateInsights

In re Fowler, 493 B.R. 148 (Bankr. E.D. Cal. 2012) – A chapter 13 debtor had two secured creditors:  a bank that held a deed of trust on the debtor’s residence, and a county that had a lien on the residence … Continue reading →

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Cross-Collateralization: Your Dragnet Clause May Have at Least a Little Hole In It

Posted on August 9, 2013 by BankruptcyRealEstateInsights

Peoples National Bank, N.A. v. Banterra Bank, 719 F.3d 608 (7th Cir. 2013) – In this case, the district court had reversed the bankruptcy court – holding that a standard dragnet clause in a mortgage was not sufficient to secure a … Continue reading →

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Cross-Collateralization: Beware the Intricacies of Local Real Estate Law

Posted on August 6, 2013 by BankruptcyRealEstateInsights

Hari Aum, LLC v. First Guar. Bank (In re Hari Aum), 714 F.3d 274 (5th Cir. 2013) – A debtor and its lender sought a determination of whether a mortgage on the debtor’s motel secured only a loan to the debtor, … Continue reading →

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Foreclosure Sale As a Preference: “Strong Arm” Powers Strike Again

Posted on August 2, 2013 by BankruptcyRealEstateInsights

Nguyen v. Wells Fargo Home Mortgage (In re Nguyen), 490 B.R. 230 (Bankr. S.D. Tex. 2013) – An individual debtor in a chapter 7 bankruptcy brought an adversary proceeding seeking to recover from a mortgagee for negligent misrepresentation and to set aside … Continue reading →

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Lease Claims: Sometimes Privity Matters

Posted on July 30, 2013 by BankruptcyRealEstateInsights

In re Parrott Broadcasting Ltd. P’ship, 492 B.R. 35 (Bankr. D. Idaho 2013) – A chapter 7 trustee objected to a proof of claim filed by a landlord for rent and late charges due under a lease.  The debtor was an assignee … Continue reading →

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