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Debtors Chapter 13 Secured Debt

Fox Rothschild LLP

Secured Creditors’ State Court Rights Affected By Proof Of Claim Choices

Fox Rothschild LLP on

Secured creditors have many choices when it comes to how to file a proof of claim in bankruptcies. Those choices should be weighed carefully, however, because certain choices can have important unexpected consequences that...more

Spilman Thomas & Battle, PLLC

Creditors Beware: Inbound Bankruptcy Rule Changes Require Heightened Awareness

On December 1, 2017, several important changes to the Federal Rules of Bankruptcy Procedure will be implemented. Those changes will impact creditors who have secured claims, judgment liens, and unsecured claims against...more

Robinson & Cole LLP

Cramdown Interest Rate Best Set Based on Market Rates

Robinson & Cole LLP on

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

Troutman Pepper

Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Troutman Pepper on

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

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