Consumer Bankruptcy

District Judge Effectively Bars a Short Sale Without Paying the Homestead Exemption

Reversing, a Long Island district judge credits value to a homeowner’s ability to delay foreclosure, taking a position contrary to a recent decision from a Ninth Circuit B.A.P.

Court :

2nd Circuit

New York

New York Eastern District

Friday, July 1, 2022

Article Tags

Consumer Bankruptcy

Consumer Debt

Finance and Banking

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President Biden Signs Bankruptcy Threshold Adjustment and Technical Corrections Act into Law

Bankruptcy Code

Topic Tags

Practice and Procedure

Consumer Bankruptcy

Business Reorganization

Small Business

Four Circuits Now Permit Fraudulent Transfer Attacks on Real Estate Tax Foreclosures

Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.

Court :

2nd Circuit

Chapter 13 Creditors Get Exempt Assets that Produce Income

Exempt assets are included in the calculation of chapter 13 projected disposable income to the extent that the exempt asset produces income.

Court :

2nd Circuit

New York

New York Northern District

Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations

Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.

Court :

2nd Circuit

New York

New York Southern District

Tuesday, June 28, 2022

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