February 21, 2017

Banks Admonished to File Foreclosure Deeds Promptly, or Else

Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.

1st Circuit, Massachusetts

February 09, 2017

Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds

Although not required to file claims, secured creditors must comply with the deadline if they do.

6th Circuit, Ohio, Ohio Northern District

January 31, 2017

A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds

Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.

3rd Circuit, Pennsylvania, Pennsylvania Western District

January 26, 2017

Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13

District judge hopes novel theories of equity will permit forced vesting.

1st Circuit, Massachusetts

Explicit Provision Required to Maintain Secured Status in a Plan

Creditor lost secured status by sloppy drafting.

7th Circuit, Illinois, Illinois Northern District

January 20, 2017

Typical Fannie/Freddie Mortgages Can’t Be Crammed Down, Fourth Circuit Says

Escrows and miscellaneous proceeds held to be real property, not additional collateral.

4th Circuit

December 20, 2016

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit, Utah

December 16, 2016

Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.

1st Circuit

December 15, 2016

Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings

There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.

7th Circuit, Illinois, Illinois Northern District

December 09, 2016

Judge Reverses Course and Allows Reclassification of Deficiency Claim

Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.

11th Circuit, Alabama, Alabama Northern District