Tag Archives: claim determination

Foreclosure Sales: When Is the “Deed” Done?

Posted on April 29, 2015 by BankruptcyRealEstateInsights

In re Betchan, 524 B.R. 830 (Bankr. E.D. Wash. 2015) – A mortgagee was the highest bidder at a foreclosure sale that took place shortly before the debtor filed bankruptcy.  The lender requested relief from the automatic stay in order to … Continue reading →

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Mortgage Claims: Sometimes the Debtor Wins, and Sometimes the Lender Wins

Posted on April 8, 2015 by BankruptcyRealEstateInsights

Brandywine Townhouses, Inc. v. Fed. Nat’l Mortgage Ass’n (In re Brandywine Townhouses, Inc.), 518 B.R. 671 (Bankr. N.D. Ga. 2014) – The debtor objected to a secured creditor’s claim on a number of grounds: it did not default, if it defaulted … Continue reading →

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Manufactured Home Lien: Forget Perfection, You Need To Have A Lien In The First Place

Posted on March 25, 2015 by BankruptcyRealEstateInsights

Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015) – A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical lien … Continue reading →

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Lost Mortgage Notes: Those Pesky State UCC Variations

Posted on March 18, 2015 by BankruptcyRealEstateInsights

Desmond v Raymond C. Green, Inc. (In re Harborhouse of Gloucester, LLC), 523 B.R. 749 (1st Cir. BAP 2014) – A Chapter 7 trustee objected to the proof of claim filed by a downstream assignee of a lost mortgage note.  The … Continue reading →

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Mortgage Notes: Those Nasty Assignments!

Posted on March 6, 2015 by BankruptcyRealEstateInsights

In re Baber, 523 B.R. 156 (Bankr. E.D. Ark. 2014) – The debtors objected to a proof of claim filed on behalf of a mortgagee based on issues arising from assignment of the mortgage note by the lender that originated the … Continue reading →

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Environmental Liability: Relief Through Bankruptcy Or Not?

Posted on March 3, 2015 by BankruptcyRealEstateInsights

In re Appalachian Fuel, LLC, 521 B.R. 779 (Bankr. E.D. Ky. 2014) – A state department of environmental protection (DEP) filed an administrative expense application in the bankruptcy cases of coal mining debtors for reclamation costs and penalties for postpetition environmental … Continue reading →

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