Tag Archives: automatic stay

Automatic Stay: Beware State Specific Quirks When Filing Liens

Posted on October 11, 2017 by BankruptcyRealEstateInsights

In re Linear Electric Co., 852 F.3d 313 (3rd Cir. 2017) – After a general contractor filed bankruptcy, two of its suppliers filed construction liens against property of owners who had contracts with the contractor. The debtor sought a determination that … Continue reading →

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Automatic Stay: Relief Permitting Foreclosure Does Not Give a Mortgagee Carte Blanche

Posted on August 30, 2017 by BankruptcyRealEstateInsights

Haugren v. Multibank 2009-1 CRE Venture, LLC (In re Laprade’s Marina, LLC), 566 B.R. 84 (Bankr. N.D. Ga. 2017) – A mortgagee that obtained relief from the automatic stay and conducted a nonjudicial foreclosure sale of the real estate securing … Continue reading →

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Chapter 13 Residential Mortgages: Anti-Modification Round 3

Posted on July 5, 2017 by BankruptcyRealEstateInsights

In re Hueramo, 564 B.R. 604 (Bankr. N.D. Ill. 2017) – A chapter 13 debtor proposed a plan that bifurcated an undersecured mortgage loan into a secured claim and an unsecured claim. The mortgagee objected and moved for relief from … Continue reading →

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Bankruptcy Estate: Would the Automatic Stay Protect a Squatter?

Posted on March 22, 2017 by BankruptcyRealEstateInsights

In re Castle Service, 560 B.R. 587 (Bankr. D. Utah 2016) – The debtor occupied but did not hold title to the real property where its business was located. A mortgagee seeking to foreclose on the property moved for a … Continue reading →

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When the Debtor Holds a Junior Lien: Can a Senior Lien Creditor March On or Is It Stayed?

Posted on February 8, 2017 by BankruptcyRealEstateInsights

Invest Vegas, LLC v. 21st Mortgage Corp. (In re Residential Capital, LLC), 556 B.R. 555 (Bankr. S.D. N.Y. 2016) – A debtor held a note secured by a first priority deed of trust on property that was also subject to a … Continue reading →

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Continuing a Foreclosure Sale: Violation of the Automatic Stay or Not?

Posted on January 25, 2017 by BankruptcyRealEstateInsights

Perez v. Deutsche Bank Nat’l Trust Co. (In re Perez), 556 B.R. 527 (1st Cir. BAP 2016) – A chapter 13 debtor sought damages for a mortgagee’s violation of the automatic stay, which he contended occurred when the mortgagee continued … Continue reading →

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