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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
Strong Arm Powers: What Happens When a Mortgage Is Avoided – Does It Go Poof?
DeGiacomo v. Traverse (In re Traverse), 45 B.R. 815 (1st Cir. B.A.P. 2013) – A chapter 7 trustee sought to avoid an unrecorded first mortgage on the debtor’s property and to preserve the mortgage lien for the benefit of the bankruptcy estate. … Continue reading
Fraudulently Conveyed Property: Part of the Bankruptcy Estate and Subject to the Automatic Stay (Or Not)?
Rajala v. Gardner, 709 F.3d 1031 (10th Cir. 2013) – A bankruptcy trustee claimed that $9 million held in escrow was fraudulently transferred property that could be recovered through an avoidance action in bankruptcy, and consequently constituted property of the bankruptcy … Continue reading
Posted in Uncategorized
Tagged automatic stay, avoidance action, fraudulent conveyance, strong arm powers
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Mortgage Errors: How Not to Correct a “Boo-Boo”
Seelen v. Couillard (In re Couillard), 486 B.R. 466 (Bankr. W.D. Wis. 2012) – “Whether one is baking a cake, building a house, or recording a mortgage, sometimes even the slightest deviation from the directions can lead to catastrophe. Cakes don’t … Continue reading
The Continuing Saga of Mortgage Errors: Not All “Boo-Boos” Are Fatal
The Willows II, LLC v. Branch Banking & Trust Co. (In re The Willows II, LLC), 485 B.R. 528 (Bankr. E.D.N.C. 2013) – A deed of trust defined the secured indebtedness as a note and related documents, together with future advances. … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 2)
In re Kaltenheuser, 474 B.R. 305 (Bankr. D. D.C. 2012) – In Kaltenheuser, a deed in lieu of foreclosure was executed and placed in escrow in connection with a settlement agreement approved by a state court order. If the mortgagor failed … Continue reading
Posted in Financing, Real Estate
Tagged automatic stay, avoidance action, financing, strong arm powers
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Deed in Lieu: Sometimes It Works, and Sometimes It Doesn’t (Round 1)
4100 West Grand LLC v. TY Grand LLC (In re 4100 West Grand LLC), 481 B.R. 444 (Bankr. N.D. Ill. 2012) – In West Grand the debtor attempted to have a deed in lieu of foreclosure set aside as a fraudulent … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, fraudulent conveyance, strong arm powers
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