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Home
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
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