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    Strong arm powers: what can be done with an avoided lien?
    2014-10-03

    DeGiacomo v. Traverse (In re Traverse), 753 F.3d 19 (1st Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Freddie Mac updates Single-Family Seller/Servicer Guide
    2014-09-20

    On September 15, Freddie Mac released a bulletin updating portions of Single-Family Seller/Servicer Guide (“Guide”) governing foreclosures and foreclosure alternatives.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Foreclosure
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    What's in a name? Amendments to the Uniform Fraudulent Transfer Act
    2014-08-15

    On July 16, 2014, the Uniform Law Commission (the “Commission”) approved a series of discrete amendments to the Uniform Fraudulent Transfer Act (the “UFTA”) and renamed it the Uniform Voidable Transactions Act (the “UVTA”). The UVTA is intended to address inconsistency in the courts, better harmonize with the Bankruptcy Code and the Uniform Commercial Code (the “UCC”), and provide litigants with greater certainty in its application to a fraudulent transfer action.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Foreclosure
    Authors:
    Jonathan F. Korman , Laura P. Amato
    Location:
    USA
    Firm:
    Reed Smith LLP
    Mortgage enforcement: dot those “I”s and cross those “t”s – or else
    2014-08-19

    In re Demers, 511 B.R. 233 (Bankr. D. R.I. 2014) –

    A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply with notice requirements under the mortgage, the foreclosure expenses were not valid.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Foreclosure, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Property tax foreclosure: tax authority may have to pay for equity in property
    2014-08-15

    Clinton County Treasurer v. Wolinsky, 511 B.R. 34 (N.D.N.Y. 2014) 

    A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The bankruptcy court agreed that the transfer was a fraudulent conveyance, but awarded only about half of the damages requested by the trustee. Both the county treasurer and the trustee appealed.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Tax, White Collar Crime, Troutman Pepper, Property tax, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    In re Brown: replacement value applies even when debtor surrenders property
    2014-07-28

    The recent Eleventh Circuit case of In re Brown, 746 F.3d 1236 (2014) held that 11 U.S.C. § 506(a)(2)'s replacement value standard applies even when a Chapter 7 or 13 debtor surrenders collateral under 11 U.S.C. § 1325(a)(5)(C). The Eleventh Circuit's decision in In re Brown has an important role in how personal property collateral will be valued in Chapter 7 and 13 cases in the Eleventh Circuit and thus its reasoning is important for creditors to understand.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Debtor, Collateral (finance), Foreclosure, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Spotlight on bankruptcy: basic bankruptcy for mortgage litigators
    2014-07-17

    Mortgage litigators often face a variety of bankruptcy issues. There are three main chapters of bankruptcy that affect the average mortgage litigator: Chapter 7, Chapter 13 and Chapter 11. Upon the filing of Chapter 7, Chapter 13 and Chapter 11 by a borrower, the bankruptcy code provides for a bankruptcy automatic stay. The automatic stay provides that all judicial or administrative proceedings or actions against a borrower must immediately stop. This includes all foreclosure actions, eviction actions and general state court litigation against a borrower.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Debtor, Mortgage loan, Foreclosure, United States bankruptcy court
    Authors:
    Kathleen G. Furr
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Code vs. contract: Fifth Circuit holds that section 506(b) governs recovery of proceeds from a foreclosure sale after the automatic stay has been lifted
    2014-07-15

    When an oversecured creditor forecloses on a debtor’s property after the automatic stay has been lifted, does the Bankruptcy Code (as opposed to state law) govern recovery of attorney’s fees and other amounts from the sale proceeds? Does the bankruptcy court have jurisdiction over the distribution of such proceeds? In Goldsby v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Foreclosure, Wells Fargo, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fifth Circuit affirms bankruptcy court’s reasonableness review of oversecured lender’s legal fees in non-judicial foreclosure sale
    2014-06-30

    The U.S. Court of Appeals for the Fifth Circuit held on June 23, 2014 that an oversecured lender’s legal fees were subject to the bankruptcy court’s review for reasonableness despite a court-ordered non-judicial foreclosure sale of the lender’s collateral. In re 804 Congress, LLC, ­­__ F.3d ­­__, 2014 WL 2816521 (5th Cir. June 23, 2014). Affirming the bankruptcy court’s power and reversing the district court, the Fifth Circuit found the lender’s utter failure to detail its legal fees with any documentary support to be fatal.

    Facts

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Federal Reporter, Foreclosure, Attorney's fee, United States bankruptcy court, Fifth Circuit
    Authors:
    Michael L. Cook , Lucy F. Kweskin
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Bankruptcy Court holds that Section 521(a)(2) is more than a mere notice statute
    2014-05-28

    Bankruptcy Court holds that Section 521(a)(2) is more than a mere notice statute and that a chapter 7 debtor’s stated intent to surrender real property under that provision means that a debtor must allow the mortgagee to take possession through foreclosurewWithout interference or impediment

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Debtor, Foreclosure, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP

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