Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
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Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says
Perplexing opinion may only apply to the status of assets before bankruptcy.
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Rising Home Prices Push Borrowers Deeper Into Debt
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Filing Date Controls Whether Residential Mortgages Can Be Modified
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
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Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
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Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
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