Strong Armed and Stripped Off: Developments in Mortgage Avoidance and Lien Stripping Case Law (4/26/2022)

Available: In Stock
Product No: 39295
Duration: 1.29 Hours
Publish Date : 4/26/2022


Item Description :

Please note - this purchase is for a digital download of the Learn Online Materials, including online viewing / download of the video presentation. 

BBA Member Price: FREE. Included as part of your membership
Non-Member Price: $100

Description:

Metes and Bound: The Intersection of Real Estate and Bankruptcy

Metes and Bounds gave people a way to designate, own, buy, and sell real property. The Bankruptcy Code and accompanying case law have created conflicts which have certain impacts on debtors, creditors, trustees, lenders, and title insurers. The Bankruptcy Section is presenting a two-part series on the intersection between real estate and bankruptcy.

Part 1: Strong Armed and Stripped Off: Developments in Mortgage Avoidance and Lien Stripping Case Law

The Bankruptcy Code gives the trustee (or debtor-in-possession) special tools for removing defective mortgages and nonconsensual liens from real estate. When deployed successfully, these Code provisions create value for the bankruptcy estate to fund creditor recoveries and reorganize. This presentation, led by several leading practitioners in the bankruptcy field reviews recent case law in the district on section 544 “strong arm” powers and section 522(f) “lien stripping”.  

Topics addressed include: 

  • What exactly does the trustee avoid under section 544(a) and what can they do with it?
  •  The First Circuit’s decision in In re Mbazira and issues regarding avoiding mortgages with defective certificates of acknowledgement, or similar defects.
  •  Avoiding an “unperfected” foreclosure.
  •  Recent lien stripping cases under section 522(f) and a “fresh look” at the debtor’s interest in a tenancy by the entirety.
  •  Practical strategies employed by counsel to debtors, creditors, and trustees when faced with real estate avoidance issues.

Panelists Payal Salsburg of Laredo & Smith, Nancy Moore of Boston University and the BBA’s Ethics Committee, and Stacey Best of Lawyers Concerned for Lawyers and former staff attorney at the Board of Bar Overseers discuss topics including confidentiality, privilege, client communication and conflicts of interest, among others, and provide practical advice on how to maintain an ethical practice while securing the best outcome for your clients.

Speakers:

Christine E. Devine
Moderator
Law Office of Christine E. Devine LLC

Kate Elizabeth Nicholson
Nicholson P.C.

Andrea O'Connor
Chapter 7 Panel Trustee
Fitzgerald Law, P.C.

Kate P. Foley
Mirick O'Connell - Westborough Office


Pricing :
   
Non-member $100.00
Member $0.00