March 21, 2023
Subordinated lenders can’t take a ‘haircut,’ give a ‘tip’ to the trustee, sell a home and eradicate the debtor’s homestead exemption.
January 19, 2023
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.
December 21, 2022
The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.
November 2, 2022
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.
July 5, 2022
Reversing, a Long Island district judge credits value to a homeowner’s ability to delay foreclosure, taking a position contrary to a recent decision from a Ninth Circuit B.A.P.
June 22, 2022
An operating hotel may not be single asset real estate, but an uncompleted hotel with no income is single asset real estate, according to a Los Angeles district judge.
March 31, 2022
ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.
August 16, 2021
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
July 9, 2021
Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.
April 23, 2021
Apartment buildings are single asset real estate, but hotels aren’t, says Orlando’s Bankruptcy Judge Karen Jennemann.