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ABI Journal

Mortgage

Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?

Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.

08
July
2025
Please note that in order to view the content for the Bankruptcy Headlines you must login with the link at the top if you are already an ABI member, or otherwise you may Become an ABI Member
08
July
2025
Please note that in order to view the content for the Bankruptcy Headlines you must login with the link at the top if you are already an ABI member, or otherwise you may Become an ABI Member
08
July
2025
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Renewing a Title Loan Just Before Chapter 13 Didn’t Make the Filing in Bad Faith

Ruling the other way would have barred chapter 13 filings after renewing title loans.

08
July
2025
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Another Court Won’t Permit a Structured Sale to Eradicate a Homestead Exemption

Subordinated lenders can’t take a ‘haircut,’ give a ‘tip’ to the trustee, sell a home and eradicate the debtor’s homestead exemption.

Oversecured Creditor Granted ‘Default’ Interest on a Loan Purchased at Discount

District judge in Connecticut upheld an award of ‘default’ interest, even though the fully secured lender had opposed the chapter 11 process and resisted the use of its cash collateral.