Consensual Redemption Agreements Outside the Scope of Judicial Authority
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 relates to the validity of
Whose Property Is It Anyway Evaluating the Rights and Obligations of Post-confirmation Debtors and Creditors in Chapter 13
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 impact upon the rights of a
Lien Revival Under Section 349: In re Booth
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 case in which the secured
Section 108 Toll or Trap
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.C. §108 1 prescribes the
In re Jamo 1st Circuit Increases Creditor Leverage in Reaffirmations
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 bankruptcy court and the First
Redemption Under 722 Possible End-run Around Rash
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 court would enunciate a bright