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June 06, 2025

Fifth Circuit Explains When There Is No Double Recovery from Avoiding a Lien
Circuit Judge Edith Jones explains that the word ‘or’ in Section 550(a) doesn’t mean ‘and.’
5th Circuit

May 30, 2025

Four Circuits Align: Section 1322(c)(2) Permits Bifurcating a Short-Term Mortgage
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.
9th Circuit

July 31, 2024

Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure
Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.
3rd Circuit, New Jersey

July 12, 2024

Delaware Judge Pegs Low Values for Crypto Tokens in FTX Bankruptcy Case
The debtor’s prebankruptcy machinations to inflate the value of tokens resulted in low claim valuations in bankruptcy.
3rd Circuit, Delaware

November 20, 2023

‘13’ Debtors May Bifurcate Mortgages that Mature Before the Final Plan Payment
The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.
9th Circuit

October 30, 2023

Judge Faris Explains Why a Hypothetical Chapter 7 Sale Isn’t Necessarily ‘FMV’
A chapter 7 trustee’s obligation to sell can mean that chapter 7 prices don’t fit the ordinary definition of fair market value.
9th Circuit, Hawaii

August 30, 2023

First Circuit Describes How to Value an Interest in Entireties Property
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
1st Circuit

May 30, 2023

Supreme Court Holds that Real Estate Tax Foreclosures Can Violate the Takings Clause
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
Supreme Court

May 24, 2023

Find and Fix the Flaws in Appraisals Before They Are Subjected to Cross Examination
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
9th Circuit, California, California Eastern District

April 28, 2023

Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?
Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.
Supreme Court