August 26, 2024
Bankruptcy Judge Michelle Harner held that a wholly unsecured, subordinate lien may be stripped off in chapter 13 even if the lien arose before the debtor owned the property.
4th Circuit , Maryland ,
August 1, 2024
Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
July 31, 2024
Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.
May 29, 2024
Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.
March 13, 2024
With no opposition, a mainland Chinese company with an approved arrangement in Hong Kong might win foreign main recognition in the U.S.
March 12, 2024
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
November 20, 2023
The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.
November 17, 2023
The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’
November 3, 2023
Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.
October 27, 2023
Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.