May 16, 2016

Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time

Courts split on whether failure to redeem on time is fatal in reorganization.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

May 06, 2016

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.

5th Circuit

April 29, 2016

Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage

Bar to modification of a home mortgage trumps ability to cure in chapter 13.

4th Circuit

April 25, 2016

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

3rd Circuit, Delaware

April 21, 2016

Courts Split on Stripping Down Partially Commercial Mortgages

Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.

2nd Circuit, New York, New York Western District

April 20, 2016

Supreme Court Inadvertently Makes Life Difficult for Secured Creditors

Bullard gives bankruptcy judge more ammunition to stymie secured creditors.

9th Circuit, Arizona

April 19, 2016

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

5th Circuit, Texas, Texas Eastern District

April 14, 2016

New York District Court Bars Forced Vesting of Title Through a Chapter 13 Plan

Split in lower courts now tilts toward precluding forced title vesting in chapter 13.

2nd Circuit, New York, New York Eastern District

April 12, 2016

Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion

Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.

9th Circuit

April 11, 2016

Mortgages Command Priority over Legal Fees in a Chapter 13 Plan

Plan can’t cause default on a home mortgage to pay a debtor’s lawyer first.

6th Circuit, Michigan, Michigan Eastern District