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Results: 1-10 of 198

Land contracts: mortgage priority and other complications

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 20 2015

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 real

Attorney fees: following local law can mean the difference between collecting or not

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 10 2015

A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the automatic stay to

Real estate sales: fixtures can be in the eye of the beholder (aka boilerplate matters)

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • February 3 2015

The successful bidder at a bankruptcy auction of a ranch claimed that a cattle chute was included in the sold assets. The debtors disagreed

Deeds in lieu: merger doctrine does not apply where grantee is senior lienholder

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • January 30 2015

Lenders and borrowers confronting a failing project and a defaulting loan have several options for dealing with such circumstances

Real estate cases: bad faith filing does not necessarily mean that you are a bad person

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • January 27 2015

A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay. It contended that the

Post-confirmation: ignoring court orders is not a good idea

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • January 23 2015

The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans. When the servicer for some of the loans

Proof of claim: foreign qualification requirements may be more important than you thought

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • January 16 2015

A landlord filed a proof of claim for $1.34 million for a debtor’s prepetition breach of its lease. The debtor objected based on the landlord’s

Even the “cleverly insidious” lender cannot prevent its borrower from filing bankruptcy

  • Squire Patton Boggs
  • -
  • USA
  • -
  • January 5 2015

Put your lender's hat on. Wouldn't it be great if you could prevent your borrower from filing bankruptcy in the first place? Unfortunately for

Mortgage recording: what happens when there is an extra “e”?

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • December 19 2014

A chapter 7 trustee sought to avoid a mortgage using his “strongarm” powers on the basis that it was not properly recorded because the spelling of

“Take that and rewind it.”

  • Squire Patton Boggs
  • -
  • USA
  • -
  • December 9 2014

Imagine: you are a lender that has loaned substantial sums of money to an individual, secured by real property owned by the borrower. After the