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GM CEO Warns Bankruptcy More Probable (Reuters Via Yahoo! News)
General Motors Corp Chief Executive Fritz Henderson said on Friday the automaker could still restructure out of court, but warned it was more probable GM may need to seek bankruptcy protection to complete that process.
Icahn And Oaktree Said To Push For MGM Mirage Bankruptcy (New York Times)
Will it be pistols at dawn in Vegas for Carl C. Icahn and Kirk Kerkorian? The activist investor and private equity fund Oaktree Capital Management have amassed hundreds of millions of dollars of MGM Mirage bonds and have told the troubled casino firm it should quickly overhaul its massive debts in bankruptcy, The Wall Street Journal reported, citing people familiar with the matter.
New Laws Help Reduce Foreclosures (Modesto Bee)
Let's call this positive news about foreclosures: The number of Northern San Joaquin Valley homes repossessed by banks during March was the lowest for any month during the past year.
GM Readies Plans For Bankruptcy It Hopes To Avoid (Reuters Via Yahoo! News)
General Motors Corp Chief Executive Fritz Henderson said on Friday the automaker was readying detailed plans for a bankruptcy filing that now appears more likely even as it races to complete a business plan under federal oversight.
Housing Starts Resume Decline (Zacks.com Via Yahoo! Finance)
We need to get rid of the huge inventory overhang -- which was at a near record 12.2 months in February -- before the housing market can really stabilize.
Des Plaines Seeks Grants To Help With Rising Foreclosures (Daily Herald)
With home foreclosures rising, Des Plaines city officials say they will try for federal housing grants to help address the problem.
GM CEO Says Bankruptcy 'Probable' (Washington Post)
General Motors chief executive Fritz Henderson said the automaker still intends to restructure its business outside of bankruptcy, but a filing is still "probable" given all the concessions it must achieve with such a short deadline.
Scammers Prey On Home Foreclosures (The Paris News)
With home foreclosures on the increase, so are scam artists.
Immigrants Can Help Fix The Housing Bubble (Immigration Portal)
The Obama administration should seriously consider granting resident status to foreigners who buy surplus houses in this country. This makes more sense than the president's $275 billion housing bailout plan, which Americans greeted with a Bronx cheer.
Foreclosures Continue To Rise In South Florida (Miami Herald)
The number of foreclosures in Miami-Dade and Broward continued rising last month, as mounting job losses crippled borrowers' ability to make mortgage payments. Lenders lifted previous foreclosure moratoriums and resumed legal action against delinquent accounts.
The Housing Pox: Is It Nearing An End? (KiplingerForecasts.com)
The long and painful bloodletting in the U.S. housing industry is finally starting to rebalance the market. But good health is still a long way off.
GM CEO Says Bankruptcy Probable But Not Preferred (AP Via Yahoo! News)
General Motors Corp. Chief Executive Fritz Henderson said Friday that a bankruptcy filing is "probable" because of the restructuring goals GM must meet to get more government loans, but that isn't the company's preferred option.
Group Calls For More Federal Funding To Fight Foreclosures (KYW News Radio 1060)
Members of a coalition called "Save Our Homes"  were among those on Friday calling for HUD or Congress to provide funding to help the unemployed avoid foreclosures.
Yellen Says No End To Recession In Sight (Nasdaq)
(RTTNews) - San Francisco Federal Reserve Bank President Janet Yellen says the Fed's monetary policy may have played a role in the U.S. credit boom and the resulting housing price bubble. But he added they were by no means the only factor.
A Quick Bankruptcy For G.M.? Not So Fast (New York Times)
Any hope of a high-speed bankruptcy by General Motors faces a serious obstacle: a judge — not the Obama administration, not G.M. management and not the company’s creditors — would reign in court, The New York Times’s Jonathan D. Glater writes.
Mississippi Foreclosures Buck National Trend (Jackson Free Press)
New foreclosures in the Magnolia State remain relatively low despite other states reporting rates as high as one in every 55 homes.
Rolex: The Best Post-Bubble Rolex Watch Values By Melrose Jewelers (Marketwire)
Melrose Jewelers, USA's #1 Online Rolex Retailer, Today Announced the Top 10 Best Values for Rolex Watches, Post the Housing Bubble-Burst
G.M. Hopes To Make Deadline But Is Preparing For Bankruptcy (New York Times)
The chief executive said the automaker was developing a restructuring plan while simultaneously readying itself for a potential bankruptcy filing.
Confessions Of A Money Manager: One Reason Housing Is Weak - Fannie Mae (The Capital Times)
We hear this constant refrain that the banks aren't lending money, particularly money to buy homes. So I did a little snooping -- actually I started by going to the bank that holds my home mortgage, seeking to re-finance -- and lo and behold, I found out some very interesting things.
Housing Market Cooling - Comment On This Story (The Sudbury Star)
The worldwide recession and nickel industry woes have combined to prick the local housing market bubble. According to the Sudbury Real Estate Board, a total of 350 homes changed hands locally through the Multiple Listings System in the first three months of 2009, down from 636 a year ago.[...]
Rob Shapiro: The Housing Crisis And Our National Attitudes Towards Saving (HuffingtonPost)
The Great Depression deeply affected the attitudes of the generation that came of age in the 1920s and 1930s. For example, it made the country...
Chamber Will Hold Housing Summit (The Oak Ridger)
The Oak Ridge Chamber of Commerce is sponsoring a "Summit on Housing" from 8 a.m. to 4:30 p.m. Monday.
Las Vegas Braces For Commercial Foreclosures (Las Vegas Sun)
A tsunami of commercial real estate foreclosures is on the horizon and is threatening banks and undermining developers who are already struggling with high vacancy rates. It’s another looming blow for many banks that are sweeping up after the financial wave of the residential real estate bust. Since the first of the year, a growing number of developers of offices, industrial space and retail ...
Pa. Woman Forges Bankruptcy Seal To Save Electric (AP Via Yahoo! News)
A Pittsburgh woman made a fake federal bankruptcy court seal on a document in hopes a utility company wouldn't cut off her electric service. Dorothy Hunt, 41, pleaded guilty to the counterfeiting charge Thursday and faces up to five years in prison when she's sentenced Aug. 6.
High Volume Gets Blame In Theft Case (Arizona Daily Star)
The sheer volume of mortgages generated at the height of the housing bubble made it difficult to quickly discover acts of fraud and theft committed by employees at Title Security Agency of Arizona, the company's president said Thursday.
U.S. Foreclosures Up 24 Pct In 1Q (The Newton Kansan)
The number of American households threatened with losing their homes grew 24 percent in the first three months of this year and is poised to rise further as major lenders restart foreclosures after a temporary break, according to data released Thursday.
Foreclosures Rise In Morgan County (The Fort Morgan Times)
Home foreclosures are up again in Morgan County.
GM CEO: Bankruptcy 'Probable' (Washington Post)
Automaker's chief says company still intends to restructure its business outside of bankruptcy.
Foreclosures In March Hit Record Locally (Las Vegas Review-Journal)
Lenders opened the floodgates by lifting a moratorium on foreclosures in March, resulting in a record number both in Clark County and nationally, a foreclosure expert said Thursday.
G.M. Hopes To Make Deadline But Is Preparing For Bankruptcy (New York Times)
The chief executive of General Motors , Fritz Henderson, said Friday that “it is still feasible” for G.M. to meet the administration’s demands by June 1 without filing for bankruptcy, but he acknowledged that executives were preparing to seek court protection if necessary, The New York Times’s Nick Bunkley reported.

Real Estate Bankruptcy

Sajjad Ahmad

Although real estate bankruptcy cases no longer dominate the bankruptcy courts' dockets as they did in the early nineties, but they continue to be filed with great frequency in UK. At its essence, the real estate bankruptcy is a two party dispute between mortgagee and mortgagor. Real estate bankruptcy cases are typically filed after a foreclosure sale has been set. Upon learning of the bankruptcy filing, a secured creditor has a number of available options, all or some of which should be exercised, depending on the facts of the case, to maximize loan recovery.

A lender can ask the court to dismiss the bankruptcy case as a "bad faith" filing. A creditor asserting bad faith must prove the subjective bad faith of the debtor and that any reorganization by the debtor is objectively futile. For subjective bad faith, the court will examine whether the debtor invoked the protections of the Bankruptcy Code without either the intention or ability to reorganize its financial affairs. To determine objective futility, the court will examine whether there is indeed a "going concern" to preserve and whether there is any realistic chance for the debtor to reorganize. Most courts require a very strong showing to dismiss a case for bad faith at the outset of a case.

Under the Bankruptcy Code a motion for relief from stay will also be granted where the secured creditor can prove that there is no equity in the real property over and above the secured claims, and that the property is not necessary to the debtor's effective reorganization. This basis for relief is typically alleged as an alternative to bad faith, in the same motion. Almost all controversies surround the value of the real property, making the expert report and testimony of a licensed real estate appraiser essential to the successful prosecution of a motion for relief from the automatic stay on these grounds. The same factors relied upon to support objective futility in the bad faith filing analysis are used to establish that the property is not necessary to an effective reorganization.

An alternate ground for relief from the automatic stay is lack of adequate protection of the secured creditor's interest in the property. For example, if the real property is deteriorating in value and the lender is not receiving post-petition payments, the lender's security interest in the property is not adequately protected.

A creditor holding a properly perfected assignment of rents has a lien on "cash collateral" under the Bankruptcy Code. If the assignment of rents was properly perfected pre-petition, it usually attaches to the post-petition rents generated by the debtor's real property.

A debtor may not use cash collateral without either a court order or the consent of the secured creditor. While it is common in nonsingle asset realty cases for a debtor to negotiate a cash collateral agreement with the secured creditor before filing for bankruptcy, in single asset real estate cases, which are typically filed at the eleventh hour for the express purpose of stopping a foreclosure, such negotiations are virtually nonexistent.

Unless, within the first day or two of the case, the debtor requests a cash collateral agreement with the lender, or files a motion with the court to authorize the debtor's use of post-petition rents, a lender should immediately advise the debtor in writing that it may not use cash collateral absent an agreement. If an agreement is not reached, the debtor will usually petition the court for authorization on an emergency basis. The lender can also petition the court to deny authorization on the basis that the debtor lacks the ability to adequately protect its interests in the rents. In the final analysis, most secured creditors share the same objective when faced with a real estate case: to extract their collateral, including rents, from the bankruptcy as quickly and inexpensively as possible.

 

Writer of this article is working as a webmaster of www.ukadvice.com. Also writes business related articles for different article sites. For further details and free bankruptcy advice:

Naylor Parkes Associates Ltd.
Lawford House, Lawford Close
Birmingham
B7 4HJ
West Midlands
United Kingdom.

www.ukadvice.com

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