Tag Archives: bankruptcy procedures

Surcharging Collateral: Amazing How Long People Can Fight over Money

Peters v. Clark (In re Bryan), 857 F.3d 1078 (10th Cir. 2017) – After a convoluted history of appeals and remands, issues relating to the sale of a residence by a chapter 7 trustee once again came before the 10th … Continue reading

Posted in Financing, Real Estate | Tagged , | Leave a comment

Stale Debt and the FDCPA: Unenforceable Does Not Necessarily Mean No Payment

Midland Funding, LLC v. Johnson, ___ U.S. ____, 137 S. Ct. 1407, 197 L. Ed. 2d 790 (2017) – The question before the court was whether filing a bankruptcy proof of claim for a debt where the limitations period has run … Continue reading

Posted in Financing | Tagged , | Leave a comment

Non-Recourse Loan Redux: Turning into Recourse and Back Again

Mastan v. Salamon (In re Salamon), 854 F.3d 632 (9th Cir. 2017) – A deed of trust creditor filed a claim in a Chapter 11 case contending that its nonrecourse loan was entitled to treatment as a recourse loan under section … Continue reading

Posted in Financing, Real Estate | Tagged , , | Leave a comment

Post-Confirmation Bankruptcy Sale Matters: Will the Bankruptcy Court Be Willing and Able to Referee?

Emerald Capital Advisors v. Karma Automotive LLC (In re FAH Liquidating Corp.), 567 B.R. 464 (Bankr. D. Del. 2017) – The trustee of a liquidating trust established under a plan of reorganization brought an action against a purchaser to enforce the … Continue reading

Posted in Bankruptcy Sales | Tagged | Leave a comment

Plan Requirements: What Can You Do When a Party Fails To Comply With a Plan? – Good Question

In re Fierke, 567 B.R. 322 (Bankr. W.D. Mich. 2017) – A chapter 13 debtor requested sanctions against a creditor for a delay in releasing its lien on the debtor’s manufactured home as required under the debtor’s confirmed plan. After … Continue reading

Posted in Financing, Real Estate | Tagged , , | Leave a comment

Bankruptcy Sales: No Stay, No Appeal (Except Issue of Good Faith Purchaser)

Lynch v. Vaccaro, 566 B.R. 290 (E.D.N.Y. 2017) – Both the debtor and the ultimate purchaser appealed bankruptcy orders relating to auction of the debtor’s property by a state court receiver. The district court emphatically dismissed the appeals as moot … Continue reading

Posted in Bankruptcy Sales | Tagged , | Leave a comment

Short Sale: Is There an Argument That an Underwater Mortgagee Is Required to Consider and Approve?

Hackman v. Nationstar Mortgage, LLC (In re Hackman), 563 B.R. 812 (Bankr. E.D. Va. 2017) – A Chapter 11 debtor sued the holder of his deed of trust note on various grounds, including fraud, breach of an implied covenant of … Continue reading

Posted in Financing, Real Estate | Tagged , | Leave a comment