August 8, 2019
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
August 7, 2019
A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.
7th Circuit , Illinois ,
A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.
7th Circuit , Illinois ,
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.
9th Circuit , Idaho ,
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.
9th Circuit , Idaho ,
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.