May 15, 2017

Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim

Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.

5th Circuit, Mississippi, Mississippi Northern District

May 08, 2017

Trustees Don’t Get a Second Bite at the Abandonment Apple

The debtor, not the trustee, can profit from a secured creditor’s mistakes.

6th Circuit, Ohio, Ohio Southern District

May 03, 2017

Circuit Says a Perfected Assignment of Rents Takes Property Out of the Estate

Michigan law enables a lender to short circuit an attempted reorganization.

6th Circuit

April 24, 2017

Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says

Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.

9th Circuit

April 21, 2017

Bank Zapped $1.3 Million for an Erroneous Estoppel Letter that Blocked a Sale

Lender assessed the costs of chapter 11 for causing an unnecessary bankruptcy.

11th Circuit, Florida, Florida Middle District

April 10, 2017

An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code

Bankruptcy law definition of a ‘lien’ is broader than state law.

8th Circuit, Missouri, Missouri Western District

April 03, 2017

For Chapter 13 Lien Stripping, Use the Filing Date for Valuation

Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.

1st Circuit, Massachusetts

March 23, 2017

Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties

Lower courts are tending to disagree with two circuits on Section 1322(b)(2).

2nd Circuit, New York, New York Eastern District

March 22, 2017

Sixth Circuit Widens Split on Mooting Appeals from Sale Orders

Equity is required to claim a homestead exemption, Sixth Circuit holds.

6th Circuit

February 24, 2017

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

11th Circuit