News & Analysis as of

Chapter 13

Massachusetts Bankruptcy Court Confirms that Chapter 13 Debtors May “Strip Off” Second Mortgages

by PretiFlaherty on

Recently in In re Guerra, the Bankruptcy Court for the District of Massachusetts joined the majority of courts in finding that United States Supreme Court’s decision in Bankof Am. v. Caulkett does not affect a chapter 13...more

The Legality of Post-Bankruptcy Condo or Homeowner Association Assessments

A recent bankruptcy case illustrates how bankruptcy affects condominium or homeowner’s association assessments. The Bankruptcy Court for the Southern District of Florida ruled that a condominium association was not in...more

Bankruptcy Beat: New York Bankruptcy Court Prohibits Stripping of Mortgage Lien Against Debtor's Multi-Family Residential Real...

by Pullman & Comley, LLC on

In both Chapter 13 consumer bankruptcy cases and individual Chapter 11 cases, a debtor is prohibited from modifying a claim that is “secured only by a security interest in real property that is the debtor’s principal...more

Tenth Circuit Joins Missouri River to Divide Kansas City Over What Constitutes A Stay Violation

by Bryan Cave on

On February 27, 2017, the United States Court of Appeals for the Tenth Circuit joined a minority approach followed by District of Columbia Circuit: failing to turn over property after demand is not a violation of the...more

2016 Bankruptcy Statistics for the Western District of Wisconsin: Overall Filings Decreased 5.5%, but Chapter 12 Farm Bankruptcies...

by Ruder Ware on

The 2016 bankruptcy statistics tell an interesting story.  While the total number of bankruptcy cases filed in 2016 in the Western District of Wisconsin (“WDW”) fell 5.5% to its lowest level in ten years, Chapter 12 farm...more

Fourth Circuit Hands Victory to Lenders in Chapter 13 Mortgage Case

by Ward and Smith, P.A. on

The United States Court of Appeals for the Fourth Circuit—which covers federal courts in North Carolina—recently handed a victory to residential real estate lenders dealing with borrowers who file for Chapter 13 bankruptcy...more

When Construction Contracts Go Sideways in Bankruptcy

The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code....more

Objection to Proof of Claim Not Barred by Res Judicata

A Virginia bankruptcy court recently ruled that an objection to a proof of claim was not barred by the doctrine of res judicata when an order of confirmation was entered prior to the objection being filed. In re Haskins, No....more

It’s Not Just Actual Fraud: Intent to Hinder, Delay, or Defraud Can Be Present Even with the Best of Intentions

by Robins Kaplan LLP on

The Bankruptcy Code contemplates several penalties for transfers made by a debtor with an intent to “hinder, delay, or defraud” creditors. Although most situations focus on an “actual intent to defraud,” the Tenth Circuit...more

How to Eliminate IRS Tax Debt in Arizona

by John Skiba on

When it comes to IRS tax debt none of the typical debt collection rules apply. The IRS has power to take your money and lien your home without even filing a lawsuit. This is much different than the standard unsecured...more

Changes to Bankruptcy Rule 3002.1 Affect Mortgage Lenders

by PretiFlaherty on

Almost every year, changes are implemented to the Federal Rules of Bankruptcy Procedure. On December 1, 2016, this year’s changes to the Bankruptcy Rules went into effect. The changes include revisions to Bankruptcy Rule...more

How to Avoid Repossession in Arizona

by John Skiba on

Delinquent car loans are becoming a big problem in Arizona. There are several reasons why, however a big problem I see in my bankruptcy practice are subprime car loans that charge very high interest rates on used...more

For Whom the Bell Tolls: Obligations and Risks of Third-party Witnesses under Rule 2004 Examinations.

by Bryan Cave on

Two recent Bankruptcy Court cases both remind and illustrate the power and risks presented by discovery of facts and documents under Bankruptcy Rule 2004, showing that it can compel third parties to provide information to...more

Repo Man Pays Off Elderly Couple’s Car

by John Skiba on

Having worked with family struggling with debt problems for over 14 years I have had more than a few interactions with repo men (and women). And more often then not these interaction’s don’t end well. It was just a few...more

How do I Know If I Qualify for Chapter 7 Bankruptcy?

by John Skiba on

Periodically the United States Trustee’s Office updates the income limits used to determine whether or not you qualify for a chapter 7 bankruptcy filing. Overwhelmingly people that file for bankruptcy file under chapter...more

Client Alert: Federal Appeals Court Rules That Bankrupt Debtors’ Choice to "Surrender" Real Property Waives Their Right to Contest...

Under Section 521(a)(2)(A) of the federal bankruptcy code, a debtor in a chapter 7 bankruptcy must file a statement within 30 days of the bankruptcy filing notifying the court, creditors and the trustee whether the debtor...more

Burr Alert: SCOTUS to Resolve Circuit Split on Interplay of FDCPA and Bankruptcy Code

by Burr & Forman on

On October 11, 2016, the Supreme Court of the United States granted cert in Midland Funding, LLC v. Johnson, No. 16-348 (Oct. Term 2016) to resolve a split among the Circuits as to the FDCPA’s prohibition against deceptive...more

Bankruptcy Court Assesses Sanctions on Mortgage Servicer for Failure to File Notices Relating to Residential Mortgage Loans

In re Gravel, ____ B.R. _____, Case Nos. 11-10112, 11-10281, 12-10512, 2016 WL 4765773 (Bankr. D.Vt. September 12, 2016) - In September of 2016, the United States Bankruptcy Court for the District of Vermont assessed...more

The Ultimate Arizona Bankruptcy Guide – Pt. 6 – The Meeting of Creditors

by John Skiba on

After your bankruptcy case is filed with the Arizona bankruptcy court the clerk of the bankruptcy court will send out written notification of your bankruptcy to all of your creditors that were provided in the bankruptcy...more

This Just In – Supreme Court to Provide Clarity on Whether Collection of Time-Barred Debts in Bankruptcy Violates the Fair Debt...

by Bryan Cave on

We all remember The Devil and Daniel Webster – the Devil comes to collect a seven year old debt (secured by Jabez Stone’s soul), only to be foiled by the great trial lawyer Daniel Webster – thanks to a skilled litigator, the...more

Surrendering Your Property in Bankruptcy Means You Must Actually Surrender It

by Carlton Fields on

The title of this article seems self-evident. Lenders, servicers, and others active in the foreclosure arena these past few years know that it has been anything but. Borrowers surrender property in bankruptcy but,...more

4th Circuit: Filing Proof of Claim on Time-Barred Debt Did Not Violate FDCPA

by Ballard Spahr LLP on

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by filing proofs of claim in bankruptcy cases on debts that were time-barred by Maryland’s statute of limitations (SOL), a divided U.S. Court of...more

Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not...

by Burr & Forman on

In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that filing proofs of claim on time-barred debts does not violate the Fair Debt...more

Tick Tock: Proofs of Claim, the FDCPA and Stale Debt Clock

by McNair Law Firm, P.A. on

On August 25, 2016, the Fourth Circuit Court of Appeals issued its opinion in Dubois v. Atlas Acquisitions LLC, (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016) and joined a majority of other circuits holding that the...more

Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order...

by Bryan Cave on

As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently “final” may be appealed...more

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