Rochelle's Daily Wire

ABI Exclusive

July 16, 2019

Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.

June 10, 2019

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.

May 29, 2019

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

May 22, 2019

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

May 16, 2019

BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.

April 8, 2019

Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.