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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: financing
“Strong Arm” Powers: Not All Mistakes are Equal in Avoiding a Mortgage
Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521 (Bankr. S.D. Ohio 2011) – In Jared, the chapter 7 trustee sought to avoid two mortgages on registered land that (a) were noted on the certificates of title to … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Non-Dischargeable Debts: Some Lies Matter More Than Others
Bandi v. Becnel (In re Bandi), 683 F.3d 671 (5th Cir. 2012) – In Bandi, the debtors made false statements regarding their ownership of particular real estate. The Fifth Circuit upheld a finding that debts incurred in reliance on those … Continue reading
“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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Treatment Under A Plan of Reorganization: What Does It Take To Discharge A Mortgage?
Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 473 B.R. 695 (S.D. Miss. 2012) – In S. White Transportation, by remaining silent until after confirmation, a mortgagee managed to retain its lien notwithstanding the … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, plan of reorganization
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Mortgage Foreclosure: Beware the Automatic Stay
Kline v. Deutsche Bank Nat’l Trust Co. (In re Kline), 172 B.R. 98 (B.A.P. 10th Cir. 2012) – Under Section 362 of the Bankruptcy Code, filing a bankruptcy case automatically stays a wide variety of actions, including commencing or continuing a … 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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