January 27, 2025

Without Levy, a Recorded Judgment Lien Is Unperfected in Some States

In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.

3rd Circuit, New Jersey

January 24, 2025

Companies Can Be ‘Bankruptcy Remote,’ if Properly Done

Bankruptcy Judge David Cleary wrote a manual on how a company can be ‘bankruptcy remote’ without violating public policy.

7th Circuit, Illinois, Illinois Northern District

January 14, 2025

Fifth Circuit Holds that Equitable Mootness Doesn’t Protect Parties to the Appeal

Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.

5th Circuit

January 13, 2025

Fifth Circuit Bans Uptier Financings for Violating the Principle of Ratable Treatment

The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.

5th Circuit

January 08, 2025

A Judgment Lien Isn’t Created by Filing a UCC Financing Statement, Judge Furay Says

To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.

7th Circuit, Wisconsin, Wisconsin Western District

January 06, 2025

A Mortgage Deficiency Judgment Is a Judicial Lien Subject to Avoidance Under § 522(f)

A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.

2nd Circuit, Connecticut

December 31, 2024

A Consensual Judgment Is a Judgment Lien Subject to Avoidance Under Section 522(f)

‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.

6th Circuit, Ohio, Ohio Southern District

November 04, 2024

Releasing a Lien Under Section 1325(a)(5)(B) Is Different When There Are Co-Debtors

Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.

7th Circuit, Illinois, Illinois Southern District

September 17, 2024

A Lender Can’t Have a Lien on Avoidance Actions, Judge Thad Collins Says

The Eighth Circuit had held that a debtor has an ‘inchoate’ property interest in avoidance actions before bankruptcy, but Judge Collins ruled that a lender can’t have a lien.

8th Circuit, Iowa, Iowa Northern District

December 26, 2023

Oil and Gas Royalties Never Become Estate Property in Colorado

The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.

3rd Circuit