In this article from the February 2013 ABI Journal, I review the reasoning of several recent decisions which depart from previous precedent permitting the treatment of real estate loans beyond the term of a chapter 13 plan…more
Following is a copy of the amicus brief filed on behalf of The Real Estate Bar Association for Massachusetts, Inc. and The Abstract Club in the Massachusetts SJC case of FNMA v. Hendricks, No. SJC-11234, in support of the…more
This article looks at three recent cases from Illinois bankruptcy courts in which the effectiveness and enforceability of security agreements have been challenged.
In the Duckworth case, a chapter 7 trustee and another…more
A ruling by a Bankruptcy Court in Illinois that a bankruptcy trustee could avoid two mortgages which utilized a standard form used by the lending industry would constitute a precedent opening the door to avoidance of thousands…more
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