April 10, 2018
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
April 02, 2018
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
March 27, 2018
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
March 08, 2018
Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.
February 08, 2018
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.
January 23, 2018
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
January 22, 2018
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
January 10, 2018
Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.
December 29, 2017
Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.
December 21, 2017
Another court rules on automatic removal of property from the estate under state law.