In the recent case of In re Oakes,[1] the chapter 7 trustee filed an adversary complaint seeking to avoid PNC Mortgage Company’s mortgage on real property owned by the debtors because of a defective acknowledgment of the debtors’ signatures.
Real Estate Committee
Committees
When the U.S. Supreme Court decided BFP v. Resolution Trust Corp.,[1] holding that a mortgage foreclosure sale regularly conducted pursuant to state law could not be avoided as a fraudulent transfer under 11 U.S.C.
In In re Town Center Flats LLC,[1] the Sixth Circuit Court of Appeals addressed the extent of a debtor’s interest in an assigned stream of rents.
Ninth Circuit BAP Holds Recording of Tax Deed Not a Ministerial Act Excepted from the Automatic Stay
In In re RW Meridian LLC,[1] the Ninth Circuit Bankruptcy Appellate Panel considered whether the pre-petition expiration of the Debtor’s right of redemption for unpaid taxes permitted the tax authority to complete a tax sale post-petition without obtaining relief from the stay.
The increasing relaxation of state laws regulating both the medical and recreational use of marijuana has led to a boom in marijuana-related businesses (“MRBs”). Because MRBs are not exempt from economic forces, however, courts are increasingly being confronted with bankruptcy filings by and against MRBs.
A recent decision out of the Western District of Pennsylvania, In re Veltre,[1] added to the split among courts about whether a non-collusive foreclosure sale can be avoided as a preferential transfer under § 547.
Recently, the United States Bankruptcy Court for the Eastern District of New York joined a growing list of courts that have disagreed with the First and Third Circuits and interpreted §1322(b)(2)[1] to prohibit a debtor from modifying a second lien secured by the debtor’s personal residence that is also an income-producing rental prope
The Bankruptcy Code allows a chapter 13 debtor to propose a plan that bifurcates undersecured claims into secured and unsecured claims except where the claim is one secured “only by a security interest in real property that is the debtor’s principal residence”.[1] If the sole collateral securing the claim is the debtor’s princ
While lawyers and trustees in individual debtor bankruptcy cases are likely familiar with § 363(h) of the Bankruptcy Code, many commercial bankruptcy lawyers often forget its existence.
[1]In yet another example of the lingering impact of the recession on the residential mortgage industry, the U.S. Bankruptcy Court for the District of Hawaii has weighed in on the meaning of a debtor's election to "surrender" his or her residence in a chapter 7 case.
Ms. Katharine B. Clark
Co-Chair
Thompson Coburn LLP
Dallas, TX
(972) 629-7100
Co-Chair
Thompson Coburn LLP
Dallas, TX
(972) 629-7100
Ms. Erin A. West
Co-Chair
Godfrey & Kahn, S.C.
Madison, WI
(608) 284-2277
Co-Chair
Godfrey & Kahn, S.C.
Madison, WI
(608) 284-2277
Mr. Patrick J. Potter
Education Director
Pillsbury Winthrop Shaw Pittman LLP
Washington, DC
(202) 663-8928
Education Director
Pillsbury Winthrop Shaw Pittman LLP
Washington, DC
(202) 663-8928
Mr. Greg Corbin
Membership Relations Director
Northgate Real Estate Group
New York, NY
(212) 419-8101
Membership Relations Director
Northgate Real Estate Group
New York, NY
(212) 419-8101
Mr. Charles A. Malloy
Newsletter Editor
Arnold Porter Kaye Scholer LLP
Washington, DC
(202) 942-5926
Newsletter Editor
Arnold Porter Kaye Scholer LLP
Washington, DC
(202) 942-5926
Mr. David E. Levy
Special Projects Leader
Summit Investment / Keen-Summit
Chicago, IL
(312) 909-1696
Special Projects Leader
Summit Investment / Keen-Summit
Chicago, IL
(312) 909-1696