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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: foreclosure
Annulling the Automatic Stay: When Is Retroactive Relief Available?
In re Benchmark Capital, Inc., 490 B.R. 566 (Bankr. E.D. Tenn. 2013) – Unbeknownst to a foreclosing creditor, the personal representative of the deceased sole shareholder of a corporation that had been administratively dissolved more than a decade ago filed a … Continue reading
What Comes After Stay Relief: The Disappearing Deficiency Claim (Round 2)
Pierce v. Carson (In re Rader), 488 B.R. 406 (9th Cir. BAP 2013) – A chapter 7 trustee objected to the unsecured deficiency claim of a mortgage lender that remained after the lender obtained relief from the automatic stay and proceeded … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, claim determination, financing, foreclosure
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What Comes After Stay Relief: The Disappearing Deficiency Claim (Round 1)
In re Wright, 486 B.R. 491 (Bankr. D. Ariz. 2012) – In Wright, a mortgage lender obtained relief from the automatic stay in a chapter 11 bankruptcy and proceeded with a state non-judicial foreclose sale on two properties. However, it did … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, claim determination, financing, foreclosure
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Discharge Injunction Violation: Can a Lender Refuse to Foreclose, Release Its Lien, or Accept Surrender of a Property?
Canning v. Beneficial Maine, Inc. (In re Canning), 706 F.3d 64 (1st Cir. 2013) – After filing a chapter 7 bankruptcy, the debtors tried to surrender their residence to the mortgage lender. After the bankruptcy the lender refused to accept a surrender, … Continue reading
Mortgagee Standing: This Time MERS Is Not The Problem (a/k/a Sloppy Securitization Procedures Strike Again)
In re Idicula, 484 B.R. 284 (Bankr. S.D. N.Y. 2013) – A servicer acting on behalf of U.S. Bank National Association, as trustee on behalf of holders of asset backed pass-through certificates, moved for relief from the automatic stay in order to … Continue reading
Foreclosure: Will a Last Minute Sale Survive?
In re Cook, 481 B.R. 265 (Bankr. N.D.N.Y. 2012) – A couple of hours before the Cooks filed a chapter 13 bankruptcy case, their home was sold at a foreclosure sale as the final step in a foreclosure of the first … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, foreclosure, fraudulent conveyance, strong arm powers
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