July 14, 2022
The lender’s failure to demand reaffirmation before discharge in chapter 7 barred enforcement of a default based on the filing of bankruptcy.
9th Circuit, Nevada
July 05, 2022
Reversing, a Long Island district judge credits value to a homeowner’s ability to delay foreclosure, taking a position contrary to a recent decision from a Ninth Circuit B.A.P.
2nd Circuit, New York, New York Eastern District
July 01, 2022
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
2nd Circuit
June 23, 2022
BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
9th Circuit
May 20, 2022
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
2nd Circuit
April 21, 2022
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.
5th Circuit
April 11, 2022
If a proceeding is sub judice when the defendant files bankruptcy, the plaintiff should figure out whether a decision after bankruptcy would violate the automatic stay.
9th Circuit
March 08, 2022
For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.
9th Circuit
January 25, 2022
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?
10th Circuit
