Tying approval of a debtor's reaffirmation of mortgage debt to the reaffirmation of other unsecured debt violates the automatic stay, according to a recent decision in the First Circuit. In re Jamo, 262 B.R. 159 (1st Cir. BAP 2001). The rem…
The road through the briar patch of financial troubles has, in many jurisdictions, always passed by a homestead. Prudent debtors have normally taken advantage of the ability to shelter both their estates and their families in the homestead.…
In order to confirm a chapter 13 plan, the court must find that the plan meets the "best interests of creditors." The Eighth Circuit recently arrived at an equitable formula in deciding whether the debtor's interest in an estate in the enti…
Since this author’s last column on post-confirmation interest rates in chapter 13 cases, several court decisions have been added to the mix. Not the least of these is Associates Commercial Corporation v. Rash, 117 S.Ct. 1879, 138 L.Ed.2d 14…