Category Archives: Real Estate

Real Estate

Bankruptcy “Strong Arm” Powers: Bye Bye Mortgage

Rhiel v. Central Mortgage Co. (In re Kebe), 469 B.R. 778 (Bankr. S.D. Ohio 2012) – Kebe provides a classic example of the exercise of bankruptcy “strong arm” powers.  Based on a defective notarization, the lien of a mortgage was avoided, and … Continue reading

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TOUSA: What’s All the Fuss?

Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA, Inc.), 680 Fed 3rd 1298 (11th Cir. 2012) – It would be difficult for even a casual observer to miss the uproar caused by the 11th Circuit’s decision in … Continue reading

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Syndicated Loans: When Does A No Vote Count As Yes?

In re Rosewood at Providence, LLC, 470 B.R. 619 (Bankr. M.D. Ga. 2011) – Can a syndicated lender control its own destiny in a bankruptcy?  According to Rosewood, the answer is no.  As background, the bankruptcy court explained that multi-lender loans … Continue reading

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Welcome to www.Bankruptcy-RealEstate-Insights.com

Decisions coming out of bankruptcy courts can be all over the map, and sometimes results can seem counterintuitive or unfair. My goal for this blog is to give those not familiar with bankruptcy insights into how their issues might play out by using … Continue reading

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