Tag Archives: claim determination

Foreclosure: Is A National Bank Authorized to Foreclose Non-Judicially In Arkansas?

Posted on October 11, 2013 by BankruptcyRealEstateInsights

JPMorgan Chase Bank, N.A. v. Johnson, 719 F.3d 1010 (8th Cir. 2013) – The 8th Circuit considered the issue of whether a national bank is “authorized to do business” in Arkansas, as required by a state statute in order to proceed … Continue reading →

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Of Auction Sales and Fees: Going, Going, Going … Not Gone

Posted on October 4, 2013 by BankruptcyRealEstateInsights

Garden v. Central Nebraska Housing Corp., 719 F.3d 899 (8th Cir. 2013) – A secured party obtained relief from the automatic stay to allow the trustee under a deed of trust to sell a farm.  The secured party contended that (i) … Continue reading →

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Landlord Claims: Calculating Capped Future Rent Claims Should Be A Simple Matter of Arithmetic – Right?

Posted on October 1, 2013 by BankruptcyRealEstateInsights

In re MDC Systems, Inc., 488 B.R. 74 (Bankr. E.D. Pa. 2013) – A chapter 7 debtor’s landlord filed a proof of claim for ~ $1 million.  An unsecured creditor objected on the basis that (1) the lease was terminated prepetition, so … Continue reading →

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Trying to Protect Crop Sale Claims: Title Retention Does Not Help

Posted on September 13, 2013 by BankruptcyRealEstateInsights

In re Wezbra Dairy, LLC, 493 B.R. 768 (Bankr. N.D. Ind. 2013) – Crop farmers grew corn for use as feed for the debtor’s dairy herd and then stored the corn in bunkers on the debtor’s property under a license from … Continue reading →

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Title Insurance Claims: What Happens When “Push Comes to Shove”

Posted on September 10, 2013 by BankruptcyRealEstateInsights

Henderson v. Cmty. Bank of Mississippi (In re Evans), 492 B.R. 480 (Bankr. S.D. Miss. 2013) – An individual (Evans) together with thirteen entities he controlled filed bankruptcy.  In the context of an adversary proceeding brought by a chapter 7 trustee to … Continue reading →

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Property Tax Interest Rate: Does “Nonbankruptcy Law” Include Law Specifically Limited to Bankruptcy?

Posted on August 20, 2013 by BankruptcyRealEstateInsights

In re Fowler, 493 B.R. 148 (Bankr. E.D. Cal. 2012) – A chapter 13 debtor had two secured creditors:  a bank that held a deed of trust on the debtor’s residence, and a county that had a lien on the residence … Continue reading →

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