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Mortgage

Tuesday, May 1, 2018
Article Tags
Legislation
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
Wednesday, April 25, 2018
Article Tags
Mortgage
Real Estate
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Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules

Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.

3rd Circuit
New Jersey

Steadfast in Denying the Homestead Exemption?

July 2018

Bankruptcy Code
522
Topic Tags
Consumer Bankruptcy
Mortgage

Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says

Perplexing opinion may only apply to the status of assets before bankruptcy.

1st Circuit
Wednesday, April 11, 2018
Article Tags
Consumer Debt
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

Filing Date Controls Whether Residential Mortgages Can Be Modified

Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).

1st Circuit
Massachusetts
Article Tags
Mortgage

Full story via Calculated Risk blog.

Article Tags
Mortgage
Finance and Banking

Read more.

Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds

A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.

4th Circuit
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