Rochelle's Daily Wire

Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.

Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.

Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.

Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.

The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.

When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.

Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.

The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.

Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.