September 01, 2017

Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules

Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.

3rd Circuit, New Jersey

August 21, 2017

Orders Reversing Confirmation Are Not Final and Not Appealable

Ninth Circuit ducks a chance to rule on ‘forced vesting.’

9th Circuit

August 07, 2017

Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia

A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.

11th Circuit, Georgia, Georgia Northern District

July 31, 2017

Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender

Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.

11th Circuit, Florida, Florida Southern District

July 26, 2017

Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue

Chapter 11 committees achieve standing more readily than chapter 13 debtors.

1st Circuit, Massachusetts

July 17, 2017

Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases

Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.

9th Circuit

July 10, 2017

Can a Plan Modify and Pay Off a Secured Claim Without Creditor Participation?

Texas judge circumvents Fifth Circuit’s requirement of secured creditor participation in chapters 11 and 13.

July 06, 2017

Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure

Unperfected mortgage can be perfected after discharge, BAP implies.

6th Circuit

June 22, 2017

Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds

Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.

6th Circuit

June 21, 2017

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

2nd Circuit, New York, New York Eastern District