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ABI Journal

Mortgage

Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

4th Circuit
Tuesday, May 28, 2019
Article Tags
Mortgage
Finance and Banking
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Thursday, May 23, 2019
Article Tags
Mortgage
Real Estate
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‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

3rd Circuit
Pennsylvania
Pennsylvania Eastern District
Tuesday, May 21, 2019
Article Tags
Mortgage
Finance and Banking
Real Estate
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Ensuring Enforceability of Liquidated-Damages Provisions

July 2019

Topic Tags
Administrative Expense Claims
Claims
Bankruptcy Litigation
Creditors' Committee
Executory Contracts/Leases
Financial Advisors
Practice and Procedure
Mortgage
Airlines
Business Reorganization
Finance and Banking

Closing the § 363(o) Loophole: Sales of Consumer Loans in Liquidating Plans

August 2019

Bankruptcy Code
11 U.S.C. § 363
1123
1129
1141
Topic Tags
Plan Confirmation
Consumer Debt
Mortgage
Predatory Lending
Business Reorganization
Lender Liability

Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says

BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.

9th Circuit
Article Tags
Consumer Debt
Mortgage

Wednesday, May 15, 2019
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Practice and Procedure
Mortgage
Business Reorganization
Real Estate
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