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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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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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.
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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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