Intersection of Bankruptcy and Foreclosure—Real Estate Issues and Implications (from Annual Real Estate Practice 2025)

A pre-recorded streaming VIDEO replay of one session from the May 2025 webcast, 43^rd Annual Real Estate Practice Seminar.

Cosponsored with the Real Property Section of the Virginia State Bar

This session surveys issues that can arise involving bankruptcy and foreclosure. We distinguish the roles of the Bankruptcy Trustee and the Trustee under a Deed of Trust and address the nuances of the automatic stay, the “co-debtor” stay, discharge, and dismissal of the bankruptcy. Advanced discussions include the race to file the bankruptcy petition before the “fall of the hammer” at foreclosure, the breadth of the bankruptcy “estate,” adversary proceedings, the impact of bankruptcy discharges on unscheduled debts/liens, and potential avenues to deal with abusive filers in bankruptcy. This session also seeks to reconcile bankruptcy and foreclosure so when they arise for the real estate practitioner, they become less of an intersection and more of a roundabout.