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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: avoidance action
“Strong Arm” Powers Round 4: Manufactured Home Liens
Vanderbilt Mortgage & Finance, Inc. v. Higgason (In re Pierce), 471 B.R. 876 (B.A.P. 6th Cir. 2012) – Proper perfection of a lien is critical because typically an unperfected lien can be avoided in a bankruptcy using the strong arm … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, perfection, strong arm powers
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Delinquent Property Tax Collection: Foreclosure May Be Vulnerable
Williams v. City of Milwaukee City Clerk (In re Williams), 473 B.R. 307 (Bankr. E.D. Wis. 2012) – Wisconsin has a strict tax foreclosure procedure in which the tax authority effectively obtains the property without any public or competitive bidding … Continue reading
“Strong Arm” Powers Round 3: What Happens If A Mortgage Is Recorded Before a Deed?
Olsen v. Heaver (In re Heaver), 473 B.R. 734 (Bankr. N.D. Ill. 2012) – The short story is that when a deed and mortgage are executed at the same time, but the mortgage is recorded before the deed, the recorded mortgage … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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“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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Accepting Payment Before A Construction Lien Is Filed: Catch-22?
Johnson Memorial Hospital, Inc. v. New England Radiator Works (In re Johnson Memorial Hospital, Inc.), 470 B.R. 119 (Bankr. D. Conn. 2012) – Creditors of a distressed company often look for strategies to reduce bankruptcy preference exposure, and construction contractors are … Continue reading
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
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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