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.
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ABI Testifies at House Judiciary Committee Hearing
Hearing on Oversight of Bankruptcy Law and Legislative Proposals.
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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?
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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."
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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: [...]"
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2019 Class Announced
Who's part of this year's class of honorees?
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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.
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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.
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BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
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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.
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Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.
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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.
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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.
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