Judgement Liens Homestead Exemptions and Involuntary Bankruptcies Who Gets What After BAPCPA
We've all heard the rationale for bankruptcy reform at cocktail parties and around the dinner table: Any deadbeat who runs up his bills can, before he pays up, run away and buy a house in Florida. The creditors can't touch his homestead. When the spendthrift files a
May It Please the Court Answers to Questions Not Raised in Rousey v. Jacoway Part I
Editor's Note: Part II of this article will appear in the March 2005 issue. On Dec. 1, 2004, counsel for the debtors and their panel trustee squared off before the Supreme Court. The Court had granted certiorari in June to resolve a split among three circuits on an
Fall House Cleaning Recent Developments in Avoiding Liens on Exempt Homesteads
To enable a fresh start, debtors often seek to avoid judicial liens that impair a claimed homestead exemption. With adjustable-rate mortgages, rising credit costs and increasing delinquencies, there is likely to be more activity in this motion practice. Debtors will be