News & Analysis as of September 20, 2024

Secured Debt

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Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code. Debtors are... more +

Cramdown Interest Rate Best Set Based on Market Rates

Robinson & Cole LLP on 10/24/2017

The Bankruptcy Code permits cramdown of a secured creditor but requires that the secured creditor receive deferred cash payments at least equal to the value of its collateral. This means that installment payments to the...more

Unauthorized Transfers of Receivership Property: Void, Voidable or Ok?

Ervin Cohen & Jessup LLP on 7/26/2016

Question: Unauthorized Transfers of Receivership Property: Void, Voidable or Ok? Answer: In a recent unpublished bankruptcy appellate panel decision (In Re Domum Locis, LLC, 2015 WL 4697747 (9th Cir. BAP 2015)), the BAP...more

Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Troutman Pepper on 10/14/2015

Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by...more

Supreme Court Reaffirms a Chapter 7 Debtor's Inability to Strip a Lien Against Real Property

Allen Matkins on 6/13/2015

Reaffirming its 1992 decision in Dewsnup v. Timm, on June 1, 2015, the U.S. Supreme Court in Bank of America v. Caulkett, No. 13-1421, once again ruled that a chapter 7 debtor may not void a junior lien under Bankruptcy Code...more

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Consumer Bankruptcy › Chapter 11 › Secured Debt

Cramdown Interest Rate Best Set Based on Market Rates

Unauthorized Transfers of Receivership Property: Void, Voidable or Ok?

Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Supreme Court Reaffirms a Chapter 7 Debtor's Inability to Strip a Lien Against Real Property

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