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Mortgage

Thursday, October 24, 2024
Article Tags
Mortgage
Real Estate
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Friday, October 18, 2024
Article Tags
Consumer Debt
Mortgage
Finance and Banking
Real Estate
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Wednesday, October 16, 2024
Article Tags
Mortgage
Real Estate
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Wednesday, October 16, 2024
Article Tags
Diversity
Mortgage
Finance and Banking
Real Estate
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Two Courts Rule on Chapter 7 Debtors’ Standing for Objections to Sales and Claims

Virginia’s Judge Keith Phillips sides with courts that bar lenders from cutting deals with trustees to eliminate debtors’ homestead exemptions.

4th Circuit
Virginia
Virginia Eastern District

The Wrath of Res Judicata: A Creditor’s Cautionary Tale

In In re Smith, [1] the Third Circuit reminded consumer bankruptcy practitioners of the wrath of res judicata. The debtor owned an encumbered rental property with an assignment of rents to her mortgage lender. The debtor’s proposed chapter 13 plan included a cramdown of the mortgage lender’s claim that reduced the secured portion of the claim from $150,000 to $95,000 — the value of the collateral. The plan further provided that the payment of rents would pay down the secured portion of the lender’s claim.

Article Tags
Consumer Debt
Mortgage
Finance and Banking
Real Estate

Full story via Calculated Risk blog.

Monday, September 30, 2024
Article Tags
Consumer Debt
Mortgage
Finance and Banking
Real Estate
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
Article Tags
Mortgage
Finance and Banking

Full story via Calculated Risk blog.

Wednesday, September 11, 2024
Article Tags
Consumer Debt
Mortgage
Finance and Banking
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member
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