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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: strong arm powers
Scrivener’s Error: Can a Residential Deed of Trust Be Avoided Because It States That It Secures a Maximum Principal Amount of $21.1 Trillion?
Rouse v. U.S. Bank, N.A. (In re Lolley), 607 B.R. 673 (Bankr. W.D. Mo. 2019) – A chapter 7 trustee sought to avoid a deed of trust lien on the grounds that it did not comply with statutory requirements. Specifically, the … Continue reading
UCC Collateral Description: Can You Look Beyond the Four Corners of the Financing Statement?
First Midwest Bank v. Reinbold (In re I80 Equipment, LLC), 938 F.3d 866 (7th Cir. 2019) – In connection with a lawsuit to recover a loan secured by substantially all of a debtor’s assets, a lender sought a declaration that its … Continue reading
Lis Pendens: Is It A “Transfer” (And Thus Avoidable) Or Not?
Viera v. Whitfield (In re Shiver), 598 B.R. 221 (Bankr. D. S.C. 2019) – A chapter 7 trustee sought to avoid a judgment, a lis pendens and a foreclosure decree involving the debtor’s property as preferences and/or by exercising the strong … Continue reading
Avoiding Mortgages: The Saga of Exercising Strong Arm Powers Continues
Harker v. PNC Mortgage Co. (In re Oakes), 917 F.3d 523 (6th Cir. 2019) – A chapter 7 trustee brought an adversary proceeding to avoid a defectively acknowledged mortgage by exercising a trustee’s strong-arm powers as a bona fide purchaser of … Continue reading
Avoiding Mortgages: Not All Typos Are Fatal
Fuhrman v. Wilmington Sav. Fund Society FSB (In re Fuhrman), 596 B.R. 343 (Bankr. E.D. Mich. 2018) – A chapter 13 debtor sought disallowance of a mortgage claim based on an error in the mortgage legal description. The lender moved to … Continue reading
Avoiding Mortgages: What Happens When A Stranger to The Transaction Files a Discharge in Error?
Kelley v. Ocwen Loan Servicing, LLC (In re Bowers), 595 B.R. 869 (Bankr. M.D. Ga. 2018) – A chapter 7 trustee sought to avoid a security deed based on the fact that as of the petition date satisfactions of the security … Continue reading
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