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    Wisconsin passes non-judicial foreclosure for timeshare
    2011-12-09

    Yesterday Governor Scott Walker signed into law SB 241 which permits non-judicial foreclosures for mortgages and assessment liens on timeshare estates and licenses.  The new law took effect upon being signed by Governor Scott Walker.

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Leisure & Tourism, Real Estate, BakerHostetler, Foreclosure
    Authors:
    David B. Waller
    Location:
    USA
    Firm:
    BakerHostetler
    Are foreclosure sales final?
    2011-10-31

    Whittle Development, Inc. v. Branch Banking & Trust Co.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Real Estate, LeClairRyan, Credit (finance), Debtor, Collateral (finance), Debt, Foreclosure, Liquidation, Default (finance), Debtor in possession, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, US District Court for Northern District of Texas
    Location:
    USA
    Firm:
    LeClairRyan
    Shipping companies’ Chapter 11 reorganization proceedings: jurisdictional battles
    2011-10-24

    In recent months, U.S. bankruptcy filings – such as Omega Navigation (filed July 8 in Houston) and Marco Polo Seatrade (filed July 29 in New York) – have caught the attention of the worldwide shipping community. It is no surprise that some shipping companies have sought bankruptcy protection resulting from financial distress. Rather, the cause for surprise is that non-U.S. shipping companies have sought protection in U.S. bankruptcy courts. High-profile secured creditors in these cases have contested the exercise of the jurisdiction of U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Bankruptcy, Debtor, Foreclosure, Liquidation, Bad faith, Prejudice, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Michael J. Frevola
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Massachusetts Attorney General criticizes multistate settlement efforts over banks' foreclosure practices
    2011-10-31

    Dissatisfied with the ongoing multistate and federal efforts to reach a settlement agreement with major U.S. banks over unlawful foreclosure practices, Massachusetts Attorney General Martha Coakley indicated that her office was independently preparing to file several lawsuits. A number of U.S. states, along with the U.S. Department of Justice, have accused the five largest mortgage servicers, Bank of America Corp., Citigroup Inc., JPMorgan Chase & Co., Ally Financial and Wells Fargo & Co., of failing to follow proper foreclosure procedures.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Sedgwick LLP, Mortgage loan, Foreclosure, US Department of Justice, Wells Fargo, JPMorgan Chase, Bank of America, Ally Financial, Citigroup, New York Attorney General, Massachusetts Attorney General, California Attorney General
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    Valid foreclosure sale may still be subject to preference attack
    2011-10-13

    In the recent case of Whittle Development, Inc. v. Branch Banking & Trust Co. (In re Whittle Development, Inc.), No. 10-37084, 2011 WL 3268398 (N.D. Tex. July 27, 2011), a bankruptcy court was asked whether a preference action could be sustained against a creditor who purchased real property in a properly conducted state law foreclosure sale. Recognizing a split of authority and some contrary principles enunciated by the Supreme Court in its prior decision, BFP v. Resolution Trust Corp., 511 U.S. 531 (1994), the bankruptcy court found that a preference claim could be asserted.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Debtor, Interest, Debt, Foreclosure, Liquidation, Default (finance), Debtor in possession, Trustee, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Michael Distefano
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Tale of foreclosure and bankruptcy
    2011-09-30

    FILING CHAPTER 13

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Bankruptcy, Interest, Mortgage loan, Foreclosure, Secured loan, Compound interest, Title 11 of the US Code
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Trustee in Opus South bankruptcy files preference actions
    2011-10-01

    Last month, Jeoffrey Burtch (the "Trustee"), as Chapter 7 Trustee for the Opus South Bankruptcy, began filing preference complaints seeking to recover what the Trustee alleges are avoidable transfers under the Bankruptcy Code.  For those unfamiliar with the Opus South bankruptcy, the company filed petitions for bankruptcy in the Delaware Bankruptcy Court on April 22, 2009.  The Opus South bankruptcy began as a chapter 11 reorganization.  However,  on August 27, 2010, the Bankruptcy Court entered an order converting the case to a chapter 7 liquidation.  The Trustee w

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Foreclosure, Deed, Liquidation, Secured loan, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Novel bankruptcy claim allows Florida HOA to collect surcharge from first mortgagees
    2011-09-28

    If there was such a contest, the 232-unit Spa at Sunset Isles would be in the running for "worst case scenario" condo-conversion.  Here is a summary of the development's situation as it existed in late 2010:  

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Costs in English law, Debt, Mortgage loan, Foreclosure, Condominium, Westlaw
    Authors:
    David B. Waller
    Location:
    USA
    Firm:
    BakerHostetler
    Not all bankruptcy “core” proceedings are created equal: a limitation on state law lender liability claims in bankruptcy court after Stern v. Marshall
    2011-09-14

    The scenario has become all too familiar in recent years: a borrower defaults on a loan and, when the lender pursues the loan collateral through foreclosure or other proceedings, the borrower files for bankruptcy protection. More often than not, when the lender appears in bankruptcy court to pursue its interest in the collateral, the borrower counterattacks with a host of state law lender liability claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Collateral (finance), Interest, Tortious interference, Foreclosure, Default (finance), US Congress, Title 11 of the US Code, US Constitution, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    It's important to record the trustee's deed promptly after foreclosure
    2011-09-13

    The United States Bankruptcy Court for the Central District of California recently held that the filing of a bankruptcy petition by a borrower can void a trustee sale even where the petition is filed after the trustee sale, so long as the borrower files the petition before the execution of the trustee's deed upon sale. In re: Gonzales 2011 WL3328508 (Bkrtcy. C.D.Cal. August 1, 2011).

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Jeffer Mangels Butler & Mitchell LLP, Bankruptcy, Debtor, Collateral (finance), Option (finance), Foreclosure, Deed, Default (finance), Capital punishment, Deed of trust (real estate), Secured loan, California Civil Code, Trustee, US District Court for Central District of California, United States bankruptcy court
    Location:
    USA
    Firm:
    Jeffer Mangels Butler & Mitchell LLP

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