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ABI Journal

Mortgage

Claiming ‘100% of FMV,' Debtors Keep Postpetition Appreciation in Exempt Assets

Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.

9th Circuit
Article Tags
Mortgage
Finance and Banking
Real Estate

A Security Deposit Is an Unsecured Loan, Unless State Law or the Lease Says Otherwise

If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.

2nd Circuit
New York
New York Southern District
Tuesday, November 1, 2022
Article Tags
Mortgage
Finance and Banking
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Thursday, October 27, 2022
Article Tags
Mortgage
Finance and Banking
Real Estate
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Thursday, October 27, 2022
Article Tags
Mortgage
Finance and Banking
Real Estate
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Benchnotes December 2022

Dec 2022

Bankruptcy Code
11 U.S.C. § 362
11 U.S.C. § 365
the Debtor and the Estate›Subchapter I - Creditors and Claims›502
523
1325
Topic Tags
Automatic Stay
Executory Contracts/Leases
Plan Confirmation
Consumer Bankruptcy
Discharge/Dischargeability
Mortgage

Sixth Circuit Holds that Tax Foreclosure Violates the Takings Clause of the Constitution

If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.

6th Circuit
Tuesday, October 25, 2022
Article Tags
Mortgage
Finance and Banking
Real Estate
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Thursday, October 20, 2022
Article Tags
Mortgage
Finance and Banking
Real Estate
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