Tag Archives: strong arm powers

“Strong Arm” Powers: Who Gets First Dibs on Christmas Trees?

Posted on October 25, 2012 by BankruptcyRealEstateInsights

Grogan v. Harvest Capital Co. (In re Grogan), 476 B.R. 270 (Bankr. D. Or. 2012) – In Grogan, the debtors planted and harvested Christmas trees.  The bankruptcy court was called upon to determine whether the debtors could exercise their “strong … Continue reading →

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“Strong Arm” Powers: Not All Mistakes are Equal in Avoiding a Mortgage

Posted on October 16, 2012 by BankruptcyRealEstateInsights

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 →

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“Strong Arm” Powers Round 4: Manufactured Home Liens

Posted on October 9, 2012 by BankruptcyRealEstateInsights

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 →

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“Strong Arm” Powers Round 3: What Happens If A Mortgage Is Recorded Before a Deed?

Posted on September 20, 2012 by BankruptcyRealEstateInsights

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 →

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“Strong Arm” Powers Round 2: This Time The Mortgage Survives

Posted on August 23, 2012 by BankruptcyRealEstateInsights

Hiraldo v. Banco Popular Depuerto Rico (In re Hiraldo), 471 B.R. 676 (D. P.R. 2012) – Hiraldo illustrates the key role that state law can play in determining the outcome of a bankruptcy case.  Despite the fact that a mortgage presented … Continue reading →

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Bankruptcy “Strong Arm” Powers: Bye Bye Mortgage

Posted on August 14, 2012 by BankruptcyRealEstateInsights

Rhiel v. Central Mortgage Co. (In re Kebe), 469 B.R. 778 (Bankr. S.D. Ohio 2012) – Kebe provides a classic example of the exercise of bankruptcy “strong arm” powers.  Based on a defective notarization, the lien of a mortgage was avoided, and … Continue reading →

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