April 10, 2018
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
1st Circuit, Massachusetts
April 02, 2018
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
4th Circuit
March 27, 2018
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
10th Circuit, Kansas
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.
9th Circuit
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.
9th Circuit, California, California Eastern District
January 22, 2018
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
9th Circuit
January 10, 2018
Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.
9th Circuit
December 29, 2017
Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.
1st Circuit, Massachusetts
