All foreclosure sales in Georgia are held on the first Tuesday of each month. As foreclosure sales are final in Georgia, debtors are incentivized to file a chapter 13 to stop a foreclosure sale.
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Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
ABI Testifies at House Judiciary Committee Hearing
Hearing on Oversight of Bankruptcy Law and Legislative Proposals.
9:31ABI President Alane Becket on Goals
New ABI President Alane Becket talks with ABI Editor-at-Large Bill Rochelle about the Consumer Commission's Final Report, domestic abuse and bankruptcy and more.
16:50Stigma Surrounding Personal Bankruptcy?
Has the stigma surrounding personal bankruptcy increased, not decreased?
Real Estate Sales Free and Clear of Unexpired Leases Under § 363(f)
Once a landlord files for bankruptcy protection, what options will the trustee have in dealing with their remaining tenants?
Spanish Peaks: What Happens When Leases Collide with a Bankruptcy Sale?
"If the trustee rejects an unexpired lease, then the lessee may retain its appurtenant possessory rights in the property for the balance of the lease term."
Own Houses in Different States, Claim a Homestead Exemption & Plan to Leave?
"The bankruptcy court in Felgner identified 10 factors from Murphy that are relevant in determining domicile: [...]"
The Myth of the "Efficient Market": Restructuring Real Estate Mortgages
With the rise of retail bankruptcies, loss of rental income and anticipated increase in the national interest rate, the need for bankruptcy in the commercial real estate sector might increase.
How the Great Recession Continues to Affect Debtors' Homes
The meaning of a debtor's election to "surrender" his or her residence in a chapter 7 case.
24:43Current State of Consumer Bankruptcy Law, Most Litigated Consumer Issues
ABI Deputy Executive Director Amy Quackenboss talks with David Cox of Cox Law Group and Elizabeth Gunn of the Office of the Virginia Attorney General about their new consumer book.
Pittner v. Castle Peak 2011-1 Loan Trust
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated.
Reinbold v. Thorpe (In re Thorpe)
Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Time Is on Your Side: Timing Considerations in Application of 11 U.S.C. § 1322(b)(2)
Bifurcation in a Chapter 13 plan after In re Coyle.
Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.
12:41Bill Rochelle with John Rao of the National Consumer Law Center
ABI's Bill Rochelle talks with John Rao of the National Consumer Law Center about his role as a member of ABI's recently formed Commission on Consumer Bankruptcy.
A Way to a Stay That Can Pay
Real estate debtor principals who guaranty a debtor’s debts often face uphill battles to obtain stays pursuant to § 105 of the Bankruptcy Court of guaranty actions against them by secured creditors.
1:21:21Consumer Workshop Covering Escrow Issues and Chapter 13 Cases
A recorded session from an ABI consumer conference that covers a variety of escrow and mortgage-related issues.
The Southern District of Ohio Looks to Florida’s Example on Mortgage Modification Mediation
State foreclosure processes are notoriously messy. They can drag on for a years and debtors don’t always recoup their loan balance or legal fees.