November 22, 2016

New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage

District judge makes an ‘Erie’ guess on an undecided issue of New York law.

2nd Circuit, New York, New York Western District

November 16, 2016

Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed

New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.

2nd Circuit, New York, New York Northern District

November 15, 2016

Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?

Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.

8th Circuit

November 11, 2016

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

11th Circuit

November 03, 2016

Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage

Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).

5th Circuit, Texas, Texas Southern District

October 26, 2016

Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses

Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.

9th Circuit

October 06, 2016

Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds

Debtors may face sanctions for continuing to occupy property they intend to surrender.

11th Circuit

September 08, 2016

District Judge May Have Split with Ninth Circuit BAP on Estate Property

Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.

9th Circuit, Idaho

August 30, 2016

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

2nd Circuit, Connecticut

August 10, 2016

Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation

Section 1111(b) election does not require a due-on-sale clause in a restructured mortgage.

9th Circuit, Arizona