Bankruptcy › Civil Procedure › Residential Real Estate

Bankruptcy Courts In Georgia And Florida Show Obedience To Eleventh Circuit Court Of Appeals And Reluctantly Begin To Allow Lien...

Three bankruptcy courts within the Eleventh Circuit have recently issued opinions in which they have reluctantly allowed the debtor to entirely strip off the interests held by junior lienholders when the value of the real...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Top 5 Problems with Florida's (Un)Fair Foreclosure Act- HB 0087

Again, the Florida legislature is considering improvident foreclosure legislation, HB 0087, which will impair the rights of homeowners and provide banks with new rights to accelerate their rapid foreclosure of homes...more

Fifth Circuit Rejects “Artificial Impairment” Standard in Confirmation of Single Asset Real Estate Plan

In a pro-debtor opinion released on February 26, 2013, the Fifth Circuit Court of Appeals held that a debtor may “artificial impair” claims in a class to obtain an impaired and accepting class of claims as required by section...more

Roger Towers: Though not Precedent, McNeal Proves Persuasive in Southern District of Florida

Mortgage modification has long been an angst-ridden topic for consumer creditors. The issue once again rose to the forefront in May of 2012, when the Eleventh Circuit issued the unpublished opinion of In re McNeal, wherein...more

Illinois Supreme Court Holds Judgment of Foreclosure Not Immediately Appealable

Under Illinois law, a judgment of foreclosure does not end a mortgage foreclosure case; it remains modifiable by the trial court and is strictly interlocutory. After such a judgment is entered, the property is sold once...more

Bankruptcy Law Update - December 2012

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank of...more

Unenforceable Loan Modification Agreement

In Vargas v. Deutsche Bank Nat. Trust Co., 3D11-554 (Fla. 3d DCA, Nov. 28, 2012), Rogelio Vargas (“Defendant”) appealed an order approving a general magistrate’s report and recommendations which denied his “Motion to Enforce...more

Rogers Towers: “Down” is Out, “Off” is In: Stripping Liens in Chapter 7 after McNeal

Prior to the real estate market crash in 2008, homeowners routinely borrowed against the equity in their homes, in turn, granting lenders second or even third mortgages. However, once the market crashed, their equity...more

What does the Eaton decision mean for Massachusetts homeowners facing foreclosure?

If you are a Massachusetts resident that faces foreclosure or may be facing foreclosure in the future, you sure want to read this post. Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359 or (413)...more

Eaton v. Federal National Mortgage Association

Final decision in Eaton, the decision that changes foreclosure practice in Massachusetts.

This is a copy of the long-awaited, important Massachusetts decision concerning foreclosures in Massachusetts titled Eaton v. Federal National Mortgage Association. It was issued 22 June 2012 and makes a substantive change...more

Slumlords and Deadbeats: Issues in Landlord/Tenant Bankruptcy

In This Presentation: - Non-residential Real Property Leases as Part of the Bankruptcy Estate - A Debtor-Tenant’s Obligations and a Landlord’s Protections Under §365(d)(3) - "Obligations" Arising From and Under the...more

Can I keep my vacation (or second) home if I file for chapter 7 bankruptcy?

If you have real estate and are contemplating filing for bankruptcy, especially if you have more than one property, you will want to give this a read. Will you keep your property? Check it out. Contact: George E....more

Should You File for Bankruptcy if Evicted?

In my previous article, I wrote about what to do if your landlord files for bankruptcy protection. Today, I will write about the shoe being on the other foot. What if you as the tenant files for bankruptcy? The most common...more

Eleventh Circuit Reinstates Controversial Bankruptcy Court Opinion in In re TOUSA

On May 15, 2012, the U.S. Court of Appeals for the Eleventh Circuit reinstated the controversial 2009 opinion from the U.S. Bankruptcy Court for the Southern District of Florida in In re TOUSA Inc., which allowed the estate...more

What should I do if I dispute the amount that I owe to a creditor?

If you believe that a creditor is collecting an amount that is wrong or for a debt that is not owed by you, then you want to read this post and find out one new tool available for Massachusetts consumers. Contact: George E....more

Allstate Suit Against Citigroup Remanded to State Court

On March 13, 2012, Judge Richard J. Sullivan of the Southern District of New York remanded a $200 million RMBS suit against Citigroup to state court. Citigroup asserted federal jurisdiction under the Edge Act, and under the...more

If It Looks Like a Duck, err, a SARE Debtor...

Recently, the Ninth Circuit Court of Appeals brought smiles to the faces of many lenders (especially Bank of America, the appellee and secured lender) when it refused to combine the assets of related debtors without a...more

New Bankruptcy Proof of Claim Rules Take Effect

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...more

Is the bank required to hold both the mortgage and the note to properly foreclose in Massachusetts?

If you are defending against foreclosure in Massachusetts and wonder what you can do, or if you want to inquire on the "note & mortgage defense" to foreclosure,or you desire to save your home and want learn more about how to...more

No Equitable Tolling of 11 U.S.C. § 548’s Two-Year “Look-Back”

Section 548(a) of the Bankruptcy Code allows a debtor to avoid certain transfers of property as ‘fraudulent transfers’ provided that such transfers took place “within 2 years before the date” of a...more

Update: Bankruptcy Court Challenges to Errors in Deeds of Trust and Mortgages

As real estate-related bankruptcy filings remain steady, courts continue to see debtors challenging the validity of deeds of trust and mortgages due to minor scriveners’ errors.  The United States Bankruptcy...more

JPMorgan Chase Charged with Faking Documents in Bankruptcy Cases

A federal class action lawsuit alleging massive and systemic fraud on the part of JPMorgan Chase has the potential to send the entire nation’s bankruptcy system into a tailspin, according to legal experts. The...more

Protecting Tenants at Foreclosure

The Protecting Tenants at Foreclosure Act (PTFA) went into effect in May 2009. The PTFA provides protections to tenants in foreclosed properties. The PTFA is found in the Helping Families Save Their Homes Act of 2009 (a...more