Consumer Bankruptcy

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Circuits Split: Does Anti-Modification Apply to Any Property with a Principal Residence?

Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.

Court :

11th Circuit

Tuesday, May 28, 2024

Article Tags

Asset Sales

Claims

Bankruptcy Litigation

Business Reorganization

Mass Torts

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Tuesday, May 28, 2024

Article Tags

Consumer Bankruptcy

Discharge/Dischargeability

Govt. Claims/Sovereign Immunity

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An Agreement to Modify a Mortgage Was an Assumable Executory Contract

Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?

Court :

4th Circuit

West Virginia

West Virginia Southern District

Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?

Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.

Court :

7th Circuit

Wednesday, May 22, 2024

Article Tags

Consumer Bankruptcy

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