Consumer creditors were dealt a favorable hand on the issue of lien "revival" or "revesting" in a recent decision authored by Judge Eugene R. Wedoff in In re Booth. 1 The issue presented in Booth is the effect of dismissal of a chapter 13 c…
The consumer creditor community recently received a gift from an unlikely source—the First Circuit Court of Appeals. In the case of Jamo v. Katahdin Federal Credit Union (In re Jamo), 1 the appeals court set aside the holding of the bankrup…
One of the most frequently asked questions by persons ensnared in a bankruptcy for the first time is the bankruptcy's effect on a creditor's right to pursue a claim against the debtor. Often overlooked by debtors and creditors alike, 11 U.S…
The most embattled creditor in the consumer bankruptcy arena in recent years has been Sears Roebuck and Co. 1 In the following cases, Sears again finds itself at center stage in a consumer bankruptcy controversy. This time, the controversy …
For a number of years, bankruptcy courts have been wrestling with the issue of the status of a debtor's chapter 13 estate once a plan of reorganization has been confirmed. Not surprisingly, the resolution of this issue works a significant i…
In June 1997, the Supreme Court handed down Associates Commercial Corporation v. Rash. 1 Certiorari having been granted to resolve the conflict among the circuits on the issue of valuation in a chapter 13 cramdown, it was hoped that the cou…