Bankruptcy Litigation

A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.

Court :

9th Circuit

Wednesday, February 7, 2018

Article Tags

Asset Sales

Claims

Bankruptcy Litigation

Corporate Governance

Court Administration

Creditors' Committee

Business Reorganization

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Wednesday, February 7, 2018

Article Tags

Claims

Bankruptcy Litigation

Court Administration

International Insolvency

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A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury

A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.

Court :

6th Circuit

Michigan

Michigan Eastern District

Buyer’s Remorse: How § 362(d)(4) Facilitates Fraud

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Fraud

Practice and Procedure

Consumer Bankruptcy

Mortgage

Real Estate

Monday, February 5, 2018

Article Tags

Claims

Bankruptcy Litigation

Corporate Governance

Court Administration

Creditors' Committee

Business Reorganization

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Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

Court :

10th Circuit

Colorado

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