September 10, 2024
A chapter 11 plan may not impair the rights of a mortgage lender against a co-owner who is not in bankruptcy.
1st Circuit, Massachusetts
August 26, 2024
Bankruptcy Judge Michelle Harner held that a wholly unsecured, subordinate lien may be stripped off in chapter 13 even if the lien arose before the debtor owned the property.
4th Circuit, Maryland
August 01, 2024
Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
9th Circuit
July 31, 2024
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
May 29, 2024
Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.
11th Circuit
March 12, 2024
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
8th Circuit
November 20, 2023
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
November 17, 2023
The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’
4th Circuit, Virginia, Virginia Eastern District
