Cornell v Envoy Mortgage, Ltd. (In re Hosch), 551 B.R. 696 (Bankr. D. N.H. 2016) –
A foreclosing mortgagee that was the successful bidder at the foreclosure sale delayed recording the sale deed. A chapter 7 trustee claimed that as a result lien rights asserted using his “strong-arm” powers had priority over any interests held by the mortgagee. Continue reading
Murray v. Revenue Mgmt. Corp. (In re Murray), 552 B.R. 1 (Bankr. D. Mass. 2016) –
A chapter 13 debtor sued a debt collector based on a letter sent to the debtor alleging violations of the Fair Debt Collection Practices Act (FDPCA). The bankruptcy court granted summary judgment to the debtor on one claim and summary judgment to the debt collector on a second claim. Continue reading
A debtor rejected a master lease. The landlord and a subtenant filed claims for rejection damages, and the debtor objected. The bankruptcy court found in favor of the debtor and the claimants appealed to the district court. Continue reading
HSBC Bank USA, N.A. v. Zair, 550 B.R. 188 (Bankr. E.D. N.Y. 2016) –
The debtors proposed a chapter 13 plan that provided for surrendering real property to the first mortgagee, with title to the property vesting in the mortgagee over its objection. The bankruptcy court confirmed the plan and the mortgagee appealed. Continue reading
In re Hyegu Cho, 550 B.R. 152 (Bankr. D. Me. 2016) –
A landlord moved for relief from the automatic stay in a chapter 13 case. It contended that the lease was a commercial lease that was deemed rejected because the deadline for assuming the lease had passed. The debtor argued that the applicable provision in section 365 of the Bankruptcy Code did not apply in a chapter 13 case.
In re Jepson v. Bank of New York Mellon, 816 F.3d 942 (7th Cir. 2016) –
A creditor requested modification of the automatic stay so that it could proceed with a foreclosure action. The debtor opposed the motion and sought a declaration that the creditor had no interest in her mortgage. The bankruptcy court found in favor of the creditor, the district court affirmed, and the debtor appealed to the 7th Circuit. Continue reading
Bankruptcy-RealEstate-Insights 