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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Tag Archives: automatic stay
Foreclosure Sale: Does a Week-to-Week Adjournment Violate the Automatic Stay?
Henson v. Bank of America, N.A. (In re Henson), 477 B.R. 786 (Bankr. D. Colo. 2012) – In Henson a foreclosure sale was stayed by the debtors’ filing of a chapter 13 bankruptcy. The bank allowed the sale date to be … Continue reading
Mortgage Foreclosure: Beware the Automatic Stay
Kline v. Deutsche Bank Nat’l Trust Co. (In re Kline), 172 B.R. 98 (B.A.P. 10th Cir. 2012) – Under Section 362 of the Bankruptcy Code, filing a bankruptcy case automatically stays a wide variety of actions, including commencing or continuing a … Continue reading
Automatic Stay Is Not Absolute: You Can Still Go To Jail
In re D’Mello, 473 B.R. 207 (Bankr. E.D. Mich. 2011) – Although the stay that automatically arises under Section 362 of the Bankruptcy Code when a bankruptcy petition is filed is very broad, there are exceptions, including actions to enforce … Continue reading
“Strong Arm” Powers Round 2: This Time The Mortgage Survives
Hiraldo v. Banco Popular Depuerto Rico (In re Hiraldo), 471 B.R. 676 (D. P.R. 2012) – Hiraldo illustrates the key role that state law can play in determining the outcome of a bankruptcy case. Despite the fact that a mortgage presented … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, financing, preference, strong arm powers
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