Unringing the Foreclosure Bell: Saving a Home After a Pre-Bankruptcy Foreclosure (from Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice 2019) (Online Seminar)

MCLE Credits: 1.0
Ethics Credits Included: 0.0

MCLE Credit: 1.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $70 (Includes a downloadable audio version.)
Viewable Through: 9/30/2022

Information

A pre-recorded streaming VIDEO replay of one session from the September 2019 live seminar, 34th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice.


When can a bankruptcy court overturn a foreclosure sale? This panel explores avoidance actions, the effect of non-bankruptcy law claims, and bankruptcy strategies to address mortgage claims after a foreclosure sale. The panel also discusses litigation and negotiation techniques, plus creative bankruptcy options in situations where houses are anything but safe. The panel addresses such questions as: Do lenders have unrestricted rights to sell a house at foreclosure, at any price regardless of the value? May a bankruptcy court overturn a finalized sale as a preference, or on other grounds? What options are available to mortgagors and borrowers if the deed of trust or note is unperfected or otherwise fatally flawed? Can these mortgages be modified in Chapter 13? The panel will discuss Hurlburt v. Black (In re Hurlburt), 2019 WL 2237966, No. 17-2449 (4th Cir. May 24, 2019) (overruling Witt v. United Cos. Lending Corp. (In re Witt), 113 F.3d 508 (4th Cir. 1997)); and Birmingham v. PNC Bank, N.A. (In re Birmingham), 846 F.3d 88 (4th Cir. 2017).

 
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Schedule

Faculty

FACULTY

Hon. Rebecca B. Connelly, U.S. Bankruptcy Court, Western District of Virginia / Harrisonburg
Edward C. Boltz, Esq., Law Offices of John T. Orcutt, PC  / Durham, NC
Nancy R. Schlichting, Esq., Flora Pettit PC / Charlottesville

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