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presentation.
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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