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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
Mortgage Recording Requirements: Tiny Technical Defect Strikes Again
Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) – A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Recorded Documents: Who Loses When A Document Is Not Properly Indexed?
Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed conveying the … Continue reading
Strong Arm Powers: Mortgage Boo-Boo Strikes Again
Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) – A Chapter 13 trustee and the debtor sought to use the strong arm powers of a hypothetical bona fide purchaser of real … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Strong Arm Powers: What Can Be Done With An Avoided Lien?
DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) – A chapter 7 trustee sought to avoid an unrecorded first mortgage and to preserve the lien for the benefit of the bankruptcy estate. In response, the debtor sought … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, bankruptcy procedures, financing, strong arm powers
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Improperly Indexed Mortgage: How Far Does Your Record Review Need to Go to Be Safe?
Albert v. Green Tree Servicing, LLC (In re El Erian), 512 B.R. 391 (Bankr. D. D.C. 2014) – A chapter 7 trustee sought to avoid the lien of a recorded deed of trust because (1) it contained both correct and incorrect parcel … Continue reading
Affiliate Transfer: Fraudulent Conveyance or Unwinding Resulting Trust?
Anderson v. Architectural Glass Constr., Inc. (In re Pfister), 749 F.3d 294 (4th Cir. 2014) – A chapter 7 trustee sought to set aside as a a debtor’s transfer of her interest in property held jointly with her husband to her … Continue reading
Posted in Real Estate
Tagged avoidance action, fraudulent conveyance, strong arm powers
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