May 2006 | CPEX

Consumer Bankruptcy Discharge/Dischargeability Mortgage Professional Compensation/Fees Venue/Jurisdiction

Post-Closing Demands for Mortgage-Related Fees Assessed During a Chapter 13 Plan Part I Does the Court Have Jurisdiction

Saving a principal residence from foreclosure and curing a mortgage arrearage are key reasons why many debtors file for chapter 13. While paying a home mortgage arrearage through a chapter 13 plan can cure that pre-petition arrearage, a hom…

RJ Ryan Winquist Johnson

Read Article →

May
2006

Plan Confirmation

The Hanging Paragraph and Cramdown 11 U.S.C. 1325(a) and 506 after BAPCPA

In the uninformed rush by Congress to prevent bankruptcy abuse, §1325(a) of the Bankruptcy Code was amended by BAPCPA 1 to include a hanging paragraph at the end of §1325(a)(9). This insertion, which refers back to §1325(a)(5), states the f…

TM Timothy D. Moratzka

Read Article →

May
2006

Consumer Bankruptcy Discharge/Dischargeability Executory Contracts/Leases Practice and Procedure

Benchnotes May 2006

Defendant Knowledge No Substitute for Service of Complaint Rule 4(m) of the Federal Rules of Civil Procedure requires dismissal without prejudice or service by a date specific unless a summons and complaint is served within 120 days of the …

DW Deborah D. Williamson TR Thomas Rice

Read Article →

May
2006