News & Publications

In a recent post, I discussed three situations in which a debtor in bankruptcy might find itself dispossessed of assets that appeared to be property of the bankruptcy estate. This article expands on that general idea and presents a compendium of situations in which creditors or circumstances may deprive a debtor of assets or their value. Adverse possession. Adverse possession is technically an application of the statute of limitations, discussed more generally below. In re Colarusso, 295 B.R. [...]

"Springing liens" are first priority statutory liens on property that spring into existence when certain obligations remain unpaid. Springing liens can attach to real estate, for example, when the following obligations are not paid: taxes1, condominium association dues2, or claims for construction labor or materials3. In recent years, a busy market has developed for purchasing and foreclosing on priority real estate tax liens. These liens bear a high rate of interest and are also seen [...]

The Eleventh Circuit recently affirmed a Bankruptcy Court and held that dismissal of an underlying bankruptcy case did not divest the Bankruptcy Court of jurisdiction in related quiet title action. In re Lindsey, 2021 WL 1140661 (11th Cir. 2021). In 2015, the plaintiff filed a voluntary petition for Chapter 13 bankruptcy relief. In his schedule of assets, the plaintiff listed a fee simple interest in a commercial multi-tenant building and an adjacent vacant lot. To avoid [...]