March 31, 2020
Permanently reducing the claim by the appraised value without a backstop means the creditor isn’t receiving the ‘indubitable equivalent,’ BAP says.
March 19, 2019
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
February 20, 2019
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
February 11, 2019
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
August 22, 2018
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
August 21, 2018
The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.