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Massachusetts Bankruptcy Court Holds that Homestead Protection is Available for Certain Home Offices

The United States Bankruptcy Court for the District of Massachusetts recently issued a decision in the case of In re Walter D. Catton, Jr. shedding light on the Massachusetts homestead statute and its application to home...more

Substantive Consolidation: When Abuse Goes Too Far An LLC Will Not Shield Assets

In re Carroll, 520 B.R. 491 (Bankr. M.D. La. 2014) – A chapter 7 trustee sought to substantively consolidate the bankruptcy estates of individual chapter 7 debtors with the separate bankruptcy estate of their wholly owned...more

Real Estate Finance Deals: Jersey Law Update

Jersey LLPs: a new dawn as investment and property holding vehicles A recent amendment to the Limited Liability Partnership (Jersey) Law 1997 (the "Law") could see Jersey Limited Liability Partnerships (Jersey LLPs) gain...more

What happens to a Land Contract Purchase of Real Estate when the Purchaser files for Bankruptcy?

When a property is purchased on contract, land contract or some other form of agreement where the purchaser is renting to own real estate and the purchaser files for bankruptcy it can leave the seller in a precarious...more

Rogers Towers: Defeating Homeowner’s Association Claims for Unpaid Assessments in Foreclosure Cases

When is a first mortgagee not liable for any unpaid HOA assessments that came due prior to taking title? Judging solely by the text of § 720.3085(2)(b), it would seem that a first mortgagee that takes title to property...more

Residential Capital Files Bankruptcy: Part 2 of 2

In Part 1 of this series, we discussed the circumstances leading to the bankruptcy filing of Residential Capital (ResCap), a residential mortgage loan originator and a subsidiary of Ally Financial Inc. (formerly...more

Has the Pennsylvania Superior Court Created Chaos and Uncertainty for Existing and Already Completed Foreclosures?

The recently reported three (3) panel decision in Vukman v. Beneficial Consumer Discount Company brings into play the validity of using the Uniform Act 91 Notice that was adopted on June 5, 1999 by the Pennsylvania Housing...more

The Ninth Circuit Strengthens Secured Lenders’ Rights in Single Asset Real Estate Bankruptcy Cases

In In re Meruelo Maddox Properties, Inc., -- F.3d ---, No. 10-56128 (9th Cir. Jan. 27, 2012), the United States Court of Appeals for the Ninth Circuit recently rejected the “whole enterprise” exception to the...more

Ninth Circuit Issues a Bankruptcy Opinion Favorable to Lenders to SPEs

In its recent decision in Meruelo Maddux Properties, Inc., the Court of Appeals for the Ninth Circuit held that an entity that meets the definition of a “single real estate” debtor under the Bankruptcy Code...more

Real Estate Lenders Rejoice: Ninth Circuit Holds that the Property Held by One Debtor in a Bankruptcy Case Involving a...

On January 27, 2012, the Ninth Circuit Court of Appeals held that a property level debtor was subject to the single asset real estate provisions of the Bankruptcy Code even though the debtor was one of fifty-three debtor...more

Homeowner Association Danger in Bankruptcy

If you are a homeowner association member filing for bankruptcy, there is an obscure provision in the law you must be aware of. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) passed in 2005 allows these...more

Rev.Pontos de Vista-2011-Real Estate and Companies Bankruptcy

In an interview to the Magazine "Pontos de Vista", I have tried to covered various and actuals topics, ie, the real estate appraisal, subject in focus after the memorandum signed between Portuguese Governement, IMF and...more

Flopping or a Valid Increase in Market Value?

Real Estate Investors are frequently criticized by Agents and Brokers because investors seemingly make huge profits in one day by purchasing a house for a low price and selling it for much more money. Investors flip houses on...more

Small Business & Bankruptcy: Arizona Bankruptcy Attorney

Many dream of the day when they can start their own business. Unfortunately for some once the dream finally happens it ends all too soon. I am seeing many businesses that were quite successful for a number of years who have...more

CR&B Alert: Commercial Restructuring & Bankruptcy News - December 2010, Issue 4

IN THIS ISSUE: • Swaps — page 2 • Delaware Bankruptcy Court Sheds Light on the Common Interest Doctrine Preventing the Waiver of Privileged Communications — page 2 • The Donald Trumps Icahn - Intercreditor Agreement...more


ADVANTAGES AND DISADVANTAGES OF FILING CHAPTER 7 BANKRUPTCY Northern District of Georgia, Gainesville, Ga....more

False financial statements are forever

Presenting false financial information to qualify for a loan, lease, or other purpose may have no legal consequences if the provider lives up to the agreement. But if the deal goes sour,the statements can reappear and result...more

The Subprime Mortgage Crisis – National City Bank’s Story

In mid- 2007, Cleveland, Ohio’s National City Bank (“National City”) was a leading regional bank and one of the ten largest banks in the United States in terms of deposits and mortgages. Its stock was trading comfortably in...more

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