Tag Archives: strong arm powers

Security Agreement: When Drafting You Better Say What You Mean

Posted on June 10, 2015 by BankruptcyRealEstateInsights

State Bank of Toulon v. Covey (In re Duckworth), 776 F.3d 453 (7th Cir. 2014) – A chapter 7 trustee sought to treat a secured lender as unsecured based on an error in the security agreement.  The lender argued that the error … Continue reading →

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Transferee Liability: The Lottery Ticket/Uranium Contract Rule

Posted on April 15, 2015 by BankruptcyRealEstateInsights

Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 773 F.3d 990 (9th Cir. 2014) – A chapter 7 trustee sought to avoid a transfer by the debtor as a fraudulent conveyance and then to recover funds disbursed by the debtor to … Continue reading →

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Manufactured Home Lien: Forget Perfection, You Need To Have A Lien In The First Place

Posted on March 25, 2015 by BankruptcyRealEstateInsights

Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015) – A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical lien … Continue reading →

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Land Contracts: Mortgage Priority and Other Complications

Posted on February 20, 2015 by BankruptcyRealEstateInsights

Liebzeit v. Intercity State Bank (In re Blanchard), 520 B.R. 740 (Bankr. E.D. Wis. 2014) – A Chapter 7 trustee sought to avoid a mortgage on the debtors’ property using the “strong arm” powers of a hypothetical bona fide purchaser of … Continue reading →

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UCC Collateral Description: More May Not Be Better

Posted on January 13, 2015 by BankruptcyRealEstateInsights

Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.), 519 B.R. 586 (Bankr. W.D.N.Y. 2014) – A chapter 7 trustee sought to recover as preferences payments made by the debtor to a lender and proceeds of collateral liquidation received by … Continue reading →

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Mortgage Recording: What Happens When There Is An Extra “E”?

Posted on December 19, 2014 by BankruptcyRealEstateInsights

Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a mortgage using his “strong-arm” powers on the basis that it was not properly recorded because the spelling … Continue reading →

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