January 15, 2019
Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA; Homeowners Might Win
If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.
Supreme CourtJanuary 08, 2019
Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
6th CircuitNovember 07, 2018
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
11th CircuitOctober 16, 2018
Four Circuits Now Agree: Fuel Subcontractors Don’t Have Maritime Liens
Second, Fifth, Ninth and Eleventh Circuits agree that supplying “necessaries” by itself won’t justify a maritime lien.
9th CircuitOctober 15, 2018
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.
1st Circuit, New HampshireOctober 09, 2018
District Judge Rules Section 562 Does Not Apply to Terminations by Agreement
Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.
2nd Circuit, New York, New York Southern DistrictSeptember 28, 2018
Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
4th Circuit, MarylandSeptember 24, 2018
Makewhole Premium Disallowed When the Debt Had Been Accelerated
Judge Flatley avoids taking sides in the Second/Third Circuit split.
4th Circuit, West Virginia, West Virginia Northern DistrictSeptember 07, 2018
Avoiding Powers Under PROMESA May Be Applied Retroactively
Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.
1st Circuit, Puerto RicoAugust 22, 2018
Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
5th Circuit