All items from Bankruptcy-RealEstate-Insights

Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) – A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not … Continue reading →

Posted 1 day 2 hours ago

N. Providence, LLC v. Great Atlantic & Pacific Tea Co., Inc. (In re Great Atlantic & Pacific Tea Co., Inc.), 510 B.R. 42 (S.D.N.Y. 2014) – A lease provided that if the landlord failed to pay a construction allowance when … Continue reading →

Posted 5 days 2 hours ago

In re Joan Fabrics Corp., 508 B.R. 881 (Bankr. D. Del. 2014) – The buyer of assets in a bankruptcy sale sought to enforce its asset purchase agreement against a county that was seeking to collect personal property taxes arising … Continue reading →

Posted 1 week 1 day ago

Law v Siegel, 134 Sup.Ct. 1188, 188 L.Ed.2d 146 (2014) - A bankruptcy court ordered that a debtor’s homestead exemption be surcharged to pay the attorney’s fees of a Chapter 7 incurred in overcoming the debtor’s fraud. The order was affirmed … Continue reading →

Posted 1 week 5 days ago

Amzak Capital Mgmt. v. Stewart Title of Louisiana (In re West Feliciana Acquisition, L.L.C.), 744 F.3d 352 (5th Cir 2014) – In the context of the bankruptcy proceeding to determine the validity of a mortgage, the mortgagee filed a third-party … Continue reading →

Posted 2 weeks 1 day ago

Highland Capital Mgmt. L.P. v. UBS Securities, LLC (In re Lyondell Chemical Co.), 505 B.R. 409 (S.D.N.Y. 2014) – A hedge fund sued an investment bank for tortious interference based on its exclusion from participation in exit financing for a … Continue reading →

Posted 3 weeks 1 day ago

RBS, Inc. v. Bell (In re Bell), 507 B.R. 898 (S.D. W.Va. 2014) – The purchaser at a foreclosure sale sought relief from the automatic stay to complete the sale. The bankruptcy court denied the request on the basis that … Continue reading →

Posted 3 weeks 5 days ago

In re Adams, 506 B.R. 688 (Bankr. E.D.N.C. 2014) – An individual debtor owned commercial real estate with his wife as tenants by the entireties and co-owned some rental properties with his son as tenants in common. The chapter 7 trustee … Continue reading →

Posted 4 weeks 1 day ago

A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (7th Cir. 2014) – Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed.  Both the bankruptcy court and district court denied … Continue reading →

Posted 4 weeks 5 days ago

In re Crane, 742 F.3d 702 (7th Cir. 2013) – Chapter 7 trustees sought to avoid mortgages in two separate cases using their strong-arm powers. They argued that failure to include the loan maturity date and interest rate in the … Continue reading →

Posted 5 weeks 1 day ago