Mortgage | ABI

Consent to a Sale for Less than the Mortgage Debt Doesn’t Waive a Deficiency Claim

A secured lender need not obtain a deficiency judgment to retain a claim against an insurer for a shortfall in a bankruptcy sale, Bankruptcy Judge Grossman says.

Court :

2nd Circuit

New York

New York Eastern District

Friday, October 6, 2023

Article Tags

Claims

Bankruptcy Litigation

Corporate Governance

Court Administration

Creditors' Committee

Mortgage

Business Reorganization

Finance and Banking

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Thursday, October 5, 2023

Article Tags

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Wednesday, October 4, 2023

Article Tags

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Monday, September 25, 2023

Article Tags

Business Reorganization

Finance and Banking

Real Estate

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Friday, September 22, 2023

Article Tags

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Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, Circuit Says

Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.

Court :

9th Circuit

Rising Home Values and Chapter 13: A Deepening Split

When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.

Court :

6th Circuit

Michigan

Michigan Eastern District

Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships

Bankruptcy Code

Topic Tags

Discharge/Dischargeability

Mortgage

Tuesday, August 29, 2023

Article Tags

Mortgage

Finance and Banking

SEC Issues

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