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    Borrower’s opinion of value deprives lender of summary judgment in deficiency action in North Carolina
    2015-08-31

    Following a foreclosure sale the general rule is that the amount of the debt is reduced by the net proceeds realized from the sale, setting the deficiency amount the foreclosing creditor may seek to recover.  N.C.G.S. § 45-21.31(a)(4).  However, when the foreclosing creditor is the successful high bidder at the foreclosure sale this general rule is abrogated by N.C.G.S.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Real Estate, Hutchens Law Firm, Foreclosure
    Authors:
    Graham H. Kidner
    Location:
    USA
    Firm:
    Hutchens Law Firm
    Another bankruptcy court confirms plan reference to “surrender” means not defending a lender’s foreclosure
    2015-08-12

    Foreclosure defense and bankruptcy often go hand in hand, but sometimes it seems like the left hand doesn’t talk to the right. This has proven especially common with bankruptcy plans that propose to “surrender” real property encumbered by a mortgage. The term “surrender” is not defined in the bankruptcy code. As a result, lenders and borrowers often interpret the term differently. For example, most lenders interpret surrender to mean not defending a foreclosure.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Foreclosure
    Authors:
    Nicholas S. Agnello
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Fourth Circuit holds written notice not required for violation of automatic stay
    2015-07-16

    The U.S. Court of Appeals for the Fourth Circuit recently reversed the dismissal of a Chapter 13 bankruptcy debtor’s complaint filed in federal district court alleging that defendants foreclosed on and sold the debtor’s home in violation of the automatic stay, holding that the federal district court had subject matter jurisdiction and the complaint adequately stated a plausible claim for relief under 11 U.S.C. § 362(k).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Foreclosure, Subject-matter jurisdiction, US Code, Title 11 of the US Code, Fourth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Foreclosed property: related rights may be tricky
    2015-07-08

    Cooper v. WPD Polar Ridge, LLC (In re Poplar Ridge, LLC), 526 B.R. 147 (W.D. N.C. 2015) –

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Compelled foreclosure consent through bankruptcy court’s definition of surrender
    2015-07-01

    On May 13, 2015, Judge Michael G.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Sirote & Permutt PC, Debtor, Foreclosure, Secured creditor
    Authors:
    Jason Weber , Shaun Ramey , Anthony Smith
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    “Deed in lieu”: deed that is not really in lieu of foreclosure will likely not be treated as a deed
    2015-06-03

    In re Primes, 518 B.R. 466 (Bankr. N.D. Ill. 2014) –

    A mortgagee moved for relief from the automatic stay, arguing that it acquired title to property prior to the bankruptcy under a quit claim deed given to it by the debtor. However, the bankruptcy court agreed with the debtor that the deed, which was given in connection with a forbearance agreement, should be treated as an equitable mortgage.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Foreclosure, Deed
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court: Chapter 7 debtors may not extinguish underwater liens
    2015-06-03

    In a victory for secured lenders, the U.S. Supreme Court has ruled that a bankruptcy court may not extinguish a junior lien on a Chapter 7 debtor's property, even though the collateral has no value above the senior debt.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Quarles & Brady LLP, Debtor, Foreclosure, United States bankruptcy court
    Authors:
    Christopher Combest
    Location:
    USA
    Firm:
    Quarles & Brady LLP
    Tennessee court changes foreclosure notice procedures
    2007-05-31

    Summary: A recent Tennessee case requires secured lenders to verify the debtor's receipt of the notice of a foreclosure sale of personal property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Credit (finance), Debtor, Collateral (finance), Personal property, Foreclosure, Statutory damages, Secured loan, American Bankers Association, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Liquor license constitutes ‘property of the estate', right of use foreclosed by lease rejection
    2007-07-31

    The U.S. Court of Appeals for the First Circuit has held that a debtor’s interest in its liquor license constitutes property of the estate pursuant to section 541 of the Bankruptcy Code.

    The First Circuit further held that the debtor’s rejection of its lease ended the debtor’s contractual right to continued use of its liquor license, and left the landlord with ordinary remedies for breach of contract—such as specific performance to obtain recovery of the license. See In re Ground Round, Inc. (Abboud v. Ground Round), 482 F.3d 15 (1st Cir. 2007).

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Breach of contract, Interest, Federal Reporter, Consideration, Foreclosure, Debtor in possession, United States bankruptcy court, Bankruptcy Appellate Panel, First Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    Homebuilder bankruptcy cases - what you need to know
    2007-10-26

    With the recent decline in housing and real estate generally, companies in the homebuilding and construction markets face serious challenges. Some projects have already been forced into Chapter 11 and others will almost certainly require either a bankruptcy filing or out-of-court restructure. In the event a bankruptcy is filed, vendors, contractors, subcontractors and other interested parties should be aware of the impact of important bankruptcy code provisions on their relationship with troubled companies.

    Automatic Stay

    Filed under:
    USA, Construction, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Letter of credit, Surety, Debtor, Interest, Limited liability company, Foreclosure, Subcontractor, Consolidation (business), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP

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