Tag Archives: foreclosure

Real Estate Cases: You May Want to Think Twice Before You File

Posted on January 30, 2015 by BankruptcyRealEstateInsights

Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  – A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It … Continue reading →

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Real Estate Cases: Bad Faith Filing Does Not Necessarily Mean That You Are A Bad Person

Posted on January 27, 2015 by BankruptcyRealEstateInsights

In re Sterling Bluff Investors, LLC, 515 B.R. 902 (Bankr. S.D. Ga. 2014) – A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay.  It contended that the debtor filed … Continue reading →

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Mortgagee Relief: “Cause” Is In the Eye of the Beholder – Round 2

Posted on January 3, 2014 by BankruptcyRealEstateInsights

In re GEL, LLC, 495 B.R. 240 (Bankr. E.D. N.Y. 2012) – A mortgagee moved to dismiss two Chapter 11 bankruptcies that were filed by its mortgagors to prevent a scheduled foreclosure sale.  It also sought relief relating to the automatic … Continue reading →

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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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Foreclosure Sale As a Preference: “Strong Arm” Powers Strike Again

Posted on August 2, 2013 by BankruptcyRealEstateInsights

Nguyen v. Wells Fargo Home Mortgage (In re Nguyen), 490 B.R. 230 (Bankr. S.D. Tex. 2013) – An individual debtor in a chapter 7 bankruptcy brought an adversary proceeding seeking to recover from a mortgagee for negligent misrepresentation and to set aside … Continue reading →

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Pre-Bankruptcy Stay Waiver: Who Cares, It’s Not Enforceable Anyway – Right?

Posted on July 12, 2013 by BankruptcyRealEstateInsights

In Re 4848, LLC, 490 B.R. 343 (Bankr. E.D. Wis. 2013) – The debtor had entered into a forbearance agreement with its mortgage lender that included a stipulation that the lender would be entitled to relief from the automatic stay if … Continue reading →

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