Strong Armed and Stripped Off: Developments in Mortgage Avoidance and Lien Stripping Case Law 2022 | Boston Bar | 5 April 2022 | Online

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. Sign up for one or both of the panels in this two-part series to explore the intricacies of real estate when it “metes and bounds” with the complexities of the Bankruptcy Code!

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

Topics to be 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.

2022 Speakers

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

MODERATOR:

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

2022 Sponsors

• Alvarez & Marsal
• The Brattle Group
• CLA
• Charles River Associates
• DGC (DiCicco, Gulman & Company LLP)
• Esquire Deposition Solutions
• O’Brien & Levine
• Rockland Trust
• RSM US LLP’s
• StoneTurn
• Thompson Reuters