When Inherited Property Becomes Property of the Debtor’s Bankruptcy Estate
Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.
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Bankruptcy Code
Bankruptcy Code
Debtor May Amend a ‘13’ Plan to Modify the Treatment of a Secured Creditor’s Claim
Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.
Journal Issue
Bankruptcy Rule
‘13’ Debtors May Bifurcate Mortgages that Mature Before the Final Plan Payment
The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.
Even Without Personal Liability, a Mortgage on a Debtor’s Property Is a ‘Claim’
The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’