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    Automatic stay
    2012-08-23

    Hiraldo v. Banco Popular Depuerto Rico (In re Hiraldo), 471 B.R. 676 (D. P.R. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    How to reclaim something that isn’t there: a creative way around § 546(c)
    2011-07-12

    Back in the mists of time, a seller that had a valid reclamation claim but was denied the return of its goods was entitled to an administrative expense claim (a claim with a higher priority than a general unsecured claim and thus a better chance of getting paid) or a lien on the debtor’s assets. The 2005 amendment to § 546(c) of the Bankruptcy Code changed all that by stripping away those alternative remedies.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Interest, Covenant (law), Mortgage loan, Right of first refusal, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage notes: those nasty assignments!
    2015-03-06

    In re Baber, 523 B.R. 156 (Bankr. E.D. Ark. 2014) –

    The debtors objected to a proof of claim filed on behalf of a mortgagee based on issues arising from assignment of the mortgage note by the lender that originated the loan.  The mortgagee responded by, among other things, challenging the standing of the debtors to raise these issues.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Mortgage loan, Power of attorney
    Location:
    USA
    Firm:
    Troutman Pepper
    Sixth Circuit bankruptcy panel: replacement lien in post-petition rent is not adequate protection if lender already has lien
    2011-01-14

    The Bankruptcy Appellate Panel for the Sixth Circuit (BAP) recently held that a mortgagee that held a collateral assignment of rents on property in which the debtor had no equity was not adequately protected by cash collateral orders entered by the bankruptcy court that granted the lender a "replacement lien" on post-petition rents.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Interest, Mortgage loan, Conveyancing, Default (finance), Secured loan, Bank of America, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Michael H. Reed , Michael J. Custer
    Location:
    USA
    Firm:
    Troutman Pepper
    Land contracts: mortgage priority and other complications
    2015-02-20

    Liebzeit v. Intercity State Bank (In re Blanchard), 520 B.R. 740 (Bankr. E.D. Wis. 2014) –

    A Chapter 7 trustee sought to avoid a mortgage on the debtors’ property using the “strong arm” powers of a hypothetical bona fide purchaser of real estate.  The complication was that the debtors sold the real estate on land contract before they granted the mortgage.

    Filed under:
    USA, Wisconsin, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Pricing risk: Title II of the Dodd-Frank Act - orderly liquidation authority
    2011-01-11

    Title II of the Dodd-Frank Act establishes a receivership process by which the FDIC can engage in an orderly liquidation process to wind down the affairs of and liquidate the assets of certain failing financial companies that pose a significant risk to the financial stability of the United States.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Shareholder, Debtor, Statutory interpretation, Hedge funds, Mortgage loan, Liquidation, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Frank A. Mayer, III , Michael J. Callaghan
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage recording requirements: tiny technical defect strikes again
    2014-12-16

    Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) –

    A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not provide constructive notice to a purchaser or lien creditor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Strong arm powers: mortgage boo-boo strikes again
    2014-11-18

    Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage modifications: senior loans may become not so senior
    2014-10-24

    Sperry Assoc. Fed. Credit Union v. US Bank Nat’l Ass’n (In re White), 514 B.R. 365 (Bankr. E.D.N.Y. 2014) –

    A junior mortgagee sought to subordinate the senior mortgage loan based on an argument that modification of the senior loan impaired the junior mortgagee’s rights.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    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

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