Lender Collects Only Once When Both Spouses Personally Guarantee a Debt
If a lender could collect only once outside of bankruptcy when both spouses guaranteed a debt, the result is the same in a single or joint bankruptcy by the spouses.
A Deceased Debtor’s Survivor Can Make Chapter 13 Plan Payments from Her Income
Even though a deceased chapter 13 debtor has no regular income, the plan can still be confirmed.
Sale of a Debtor’s Claim Was Champertous and Void, Fifth Circuit Says
Selling a debtor’s claims must be structured to avoid champerty under state law.
A Disguised Loan Agreement Didn’t Create a ‘Fair Ground of Doubt’ Under Taggart
The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.
Without Levy, a Recorded Judgment Lien Is Unperfected in Some States
In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.
A Judgment Lien Isn’t Created by Filing a UCC Financing Statement, Judge Furay Says
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
A Mortgage Deficiency Judgment Is a Judicial Lien Subject to Avoidance Under § 522(f)
A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.
A Consensual Judgment Is a Judgment Lien Subject to Avoidance Under Section 522(f)
‘Obtained by’ legal proceedings, a consent judgment is still a judgment lien that can be avoided if it impairs an exemption.
Depositors’ Troubles in Nonbank Cases
Depositors’ Troubles in Nonbank Cases By Jonathan Batiste Bankruptcy professionals traditionally consider the employees, executives, creditors and owners of debtors in corporate insolvency cases. 1 However, the Synapse Financial Technologies Inc. 2 bankruptcy highlights