Mortgage

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Full story via Calculated Risk blog.

Friday, February 24, 2023 - 12:00

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Full story via Calculated Risk blog.

Thursday, February 23, 2023 - 12:00

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Wednesday, February 22, 2023 - 12:00

Wednesday, February 15, 2023

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Consumer Debt

Mortgage

Finance and Banking

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A UCC Lien on ‘Accounts’ Won’t Attach to a Postpetition Sale of Real Property

Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing

Court :

5th Circuit

Texas

Texas Southern District

Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.

Court :

8th Circuit

Missouri

Missouri Western District

Monday, January 23, 2023

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Mortgage

Finance and Banking

Real Estate

Full story via Calculated Risk blog.

Friday, January 20, 2023 - 12:00

Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

Court :

11th Circuit