11th Circuit May 23, 2024

Circuits Split: Does Anti-Modification Apply to Any Property with a Principal Residence?

Quick Take Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.

An Agreement to Modify a Mortgage Was an Assumable Executory Contract

Quick Take Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?
7th Circuit Apr 29, 2024

Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?

Quick Take Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corpor…

Read Article →
Jul
2024