Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    In re Crane: update on appellate and legislative efforts to clarify Illinois mortgage requirements
    2012-07-11

    In February the Bankruptcy Court for the Central District of Illinois held in Crane v.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Husch Blackwell LLP, Interest, Amicus curiae, Mortgage loan, Seventh Circuit
    Authors:
    Phillip J.F. Geheb , Courtney L. Hill
    Location:
    USA
    Firm:
    Husch Blackwell LLP
    Bankruptcy court decision in Illinois holds that mortgage can be avoided because of failure to include loan terms in mortgage document
    2012-05-22

    In In re Crane, the Bankruptcy Court for the Central District of Illinois recently held that a mortgage can be avoided in bankruptcy if it fails to include the maturity date and the interest rate of the underlying debt within the mortgage document. The court found that failing to include these loan terms on the face of the mortgage as recorded, violated the requirements of Illinois conveyancing statutes, and therefore did not provide the constructive notice to the trustee necessary for preventing the avoidance.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Mortgage loan, Conveyancing, United States bankruptcy court
    Authors:
    Daniel J. Slattery
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bankruptcy court in Illinois holds that a mortgage is avoidable in bankruptcy if the mortgage as recorded does not state the maturity date and interest rate of the underlying debt
    2012-05-15

    In a decision that potentially has serious implications for mortgage financing transactions in Illinois, the Bankruptcy Court for the Central District of Illinois recently held that a mortgage is avoidable in bankruptcy if it fails to include the maturity date and the interest rate of the underlying debt within the mortgage document as recorded. In re Crane, Case No. 11-90592, U.S. Dist. Ct. C.D. Ill., February 29, 2012; Supplemental Opinion and Order, April 5, 2012.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Mortgage loan, Maturity (finance), Conveyancing, Constructive notice, United States bankruptcy court
    Authors:
    Daniel J. Slattery
    Location:
    USA
    Firm:
    Reed Smith LLP
    Chesterfield and Cherryland decisions bring uncertainty to mortgage loans
    2012-05-02

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Thompson Hine LLP, Surety, Debtor, Mortgage loan, Default (finance)
    Authors:
    Linda A. Striefsky , Susan C. Cornett
    Location:
    USA
    Firm:
    Thompson Hine LLP
    U.S. Bankruptcy Court holds Illinois mortgage may be avoided for failure to state interest rate and maturity date
    2012-04-20

    In a ruling on February 29, 2012, the U.S. Bankruptcy Court for the Central District of Illinois allowed a bankruptcy trustee to avoid an Illinois mortgage as to other creditors of the estate because the mortgage failed to expressly state the maturity date of and interest rate on the underlying debt (In Re Crane, Case 11-90592, U.S. Dist Ct, C.D. IL, February 29, 2012).

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Debt, Mortgage loan, Maturity (finance), Title insurance, Constructive notice, United States bankruptcy court
    Authors:
    Michael S. Kurtzon , Gary P. Segal , Diana Tsai
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Illinois mortgages subject to avoidance in bankruptcy absent strict adherence to Illinois mortgage statute
    2012-04-20

    The United States Bankruptcy Court for the Central District of Illinois recently held that an Illinois mortgage is subject to avoidance in bankruptcy pursuant to 11 U.S.C. § 544(a)(3) unless the mortgage contains among other things, (i) the amount of the debt, (ii) the maturity date of the debt, and (iii) the underlying interest rate. Richardson v. The Gifford State Bank (In re Crane), Adv. Pro. No. 11-9067 (Bankr. C.D. Ill.).

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Bankruptcy, Mortgage loan, Maturity (finance), Constructive notice, US Code, United States bankruptcy court
    Authors:
    Michael Campbell , John T. Gregg , Patrick E. Mears
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    New bankruptcy proof of claim rules take effect
    2012-03-14

    As seen in the Spring 2012 issue of West Virginia Banker.

    In the wake of the national attention directed towards residential mortgages in the last few years, certain revisions were made to the Federal Rules of Bankruptcy Procedure to address perceived deficiencies in bankruptcy proofs of claim. The rule changes were first proposed in 2009 by the Judicial Conference of the United States and became effective December 1, 2011.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Mortgage loan, Power of attorney
    Authors:
    Michael R. Proctor
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Legislation proposed in State of Michigan to declare solvency covenants of non-recourse loans unenforceable
    2012-03-07

    A proposed bill entitled the Nonrecourse Mortgage Loan Act and recently introduced to the Senate for the State of Michigan would regulate the use and enforceability of certain loan covenants in non-recourse commercial transactions. Presumably, the bill, Senate Bill No. 992 introduced on Feb. 29, 2012 and referred to the Committee on Economic Development, is in reaction to a recent decision of the Michigan Court of Appeals finding a guarantor liable for a deficiency claim notwithstanding the non-recourse nature of the loan. See Wells Fargo Bank, NA v. Cherryland Mall Ltd.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Surety, Debtor, Mortgage loan, Wells Fargo
    Authors:
    John T. Gregg , Patrick E. Mears , Kenneth W. (Ken) Vermeulen
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    New bankruptcy rules require additional documentation and notification from mortgage holders and servicers in individual debtor and Chapter 13 cases
    2012-02-07

    Bankruptcy Rule changes, effective December 1, 2011, require mortgage holders and servicers to include additional documentation supporting proofs of claim filed in individual debtor cases. Mortgage holders and servicers must follow these rules or face sanctions and potential loss of the right to present the omitted documentation as evidence in subsequent proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Bankruptcy, Debtor, Mortgage loan, Default (finance)
    Authors:
    Michael Nedzbala , Thomas Y. Hiner , Peter S. Partee, Sr. , J. R. Smith , Jason W. Harbour , Justin F. Paget
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Justice department claims $25 billion foreclosure settlement reached with largest mortgage servicers
    2012-02-10

    According to a U.S. Department of Justice press release, the federal government and 49 state attorneys general have reached a $25 billion settlement agreement with the nation’s five largest mortgage servicers to settle claims over alleged mortgage loan servicing and foreclosure abuses. If reports are correct, the agreement, which Attorney General Holder called the “the largest joint federal-state settlement ever obtained,” compels the mortgage servicers to adhere to extensive new servicing standards and provides considerable financial relief for homeowners.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Dykema Gossett PLLC, Mortgage loan, Foreclosure, State attorney general, US Department of Justice, Bank of America, United States bankruptcy court
    Authors:
    Donald C. Lampe , Fredrick S. Levin , Jeffrey E. Jamison
    Location:
    USA
    Firm:
    Dykema Gossett PLLC

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 24
    • Page 25
    • Page 26
    • Page 27
    • Current page 28
    • Page 29
    • Page 30
    • Page 31
    • Page 32
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days