Tag Archives: avoidance action

Subcontractor Claims: What Can You Do Once Your General Contractor Files Bankruptcy?

Posted on September 30, 2014 by BankruptcyRealEstateInsights

Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether … Continue reading →

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Improperly Indexed Mortgage: How Far Does Your Record Review Need to Go to Be Safe?

Posted on September 5, 2014 by BankruptcyRealEstateInsights

Albert v. Green Tree Servicing, LLC (In re El Erian), 512 B.R. 391 (Bankr. D. D.C. 2014) – A chapter 7 trustee sought to avoid the lien of a recorded deed of trust because (1) it contained both correct and incorrect parcel … Continue reading →

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Fraudulent Transfer: A Case Where Strong Arm Powers Were “An Inch Too Short”

Posted on August 29, 2014 by BankruptcyRealEstateInsights

Casey v. Rotenberg (In re Kenny G Enterprises, LLC), 512 B.R. 628 (C.D. Cal. 2014) – A Chapter 11 trustee sought to avoid a transfer of property under Section 544 of the Bankruptcy Code that occurred after (1) the bankruptcy petition … Continue reading →

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Property Tax Foreclosure: Tax Authority May Have to Pay for Equity in Property

Posted on August 15, 2014 by BankruptcyRealEstateInsights

Clinton County Treasurer v. Wolinsky, 511 B.R. 34 (N.D.N.Y. 2014) – A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The bankruptcy court agreed that the … Continue reading →

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Affiliate Transfer: Fraudulent Conveyance or Unwinding Resulting Trust?

Posted on August 12, 2014 by BankruptcyRealEstateInsights

Anderson v. Architectural Glass Constr., Inc. (In re Pfister), 749 F.3d 294 (4th Cir. 2014) – A chapter 7 trustee sought to set aside as a a debtor’s transfer of her interest in property held jointly with her husband to her … Continue reading →

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Strong Arm Powers: For Want of An “S” the Mortgage Was Lost

Posted on July 22, 2014 by BankruptcyRealEstateInsights

Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) – A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not … Continue reading →

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