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Home
September 28, 2018
Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
4th Circuit
,
Maryland
September 21, 2018
Chicago Judge Refuses to Confirm a ‘Step’ Chapter 13 Plan
Judge Barnes won’t allow a chapter 13 debtor’s counsel to be paid at the expense of secured creditors.
7th Circuit
,
Illinois
,
Illinois Northern District
September 13, 2018
Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300
Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.
4th Circuit
,
North Carolina
,
North Carolina Eastern District
August 22, 2018
Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
5th Circuit
August 21, 2018
Four Circuits Agree on Calculating an Exemption Impairment Under Section 522(f)
The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.
10th Circuit
July 27, 2018
Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
2nd Circuit
,
New York
,
New York Western District
July 26, 2018
California Judge Won’t Allow ‘Chapter 20’ to Work Its Magic
Opinion doesn’t cite contrary Ninth Circuit and BAP authority permitting ‘chapter 20.’
9th Circuit
,
California
,
California Central District
July 24, 2018
Sixth Circuit Expounds on a Loophole in the Rooker-Feldman Doctrine
Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.
6th Circuit
April 24, 2018
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.
3rd Circuit
,
New Jersey
April 20, 2018
Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says
Perplexing opinion may only apply to the status of assets before bankruptcy.
1st Circuit
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