Mortgage

New Mexico Feb 9, 2026

If Personal Liability on a Mortgage Was Discharged, Is Confirmation Possible in ‘13’?

When there was a prior discharge of personal liability on a mortgage note, what’s the theory for confirming a plan in a subsequent chapter 13 case?

No Loopholes in Section 362(b)(21) Allowing Foreclosure Against an Ineligible Debtor

Even if a debtor is ineligible to file again under Section 109(g), another filing does create a stay, but it’s not applicable to enforcement of a lien against real property.
Maryland Sep 23, 2025

Even Expecting Profit on the Investment, a Home Mortgage Is Still Consumer Debt

Having 51% consumer debt doesn’t necessarily mean that the debtor has ‘primarily’ consumer debt.
3rd Circuit Sep 3, 2025

Circuit Judge Ambro Scribes the Boundaries Between Rooker-Feldman and Preclusion

A final judgment on an issue in state court doesn’t by itself deprive federal courts of subject matter jurisdiction under the Rooker-Feldman doctrine, the Third Circuit explains.
9th Circuit May 22, 2025

Four Circuits Align: Section 1322(c)(2) Permits Bifurcating a Short-Term Mortgage

When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.

Broad Scope, or Slippery Slope? Justification of Johnson

Broad Scope, or Slippery Slope? Justifications of Johnson By Jeffrey Fraser In Johnson v. Home State Bank, 1 the U.S. Supreme Court rendered a seemingly benign ruling regarding the impact of a chapter 7 discharge on a mortgage claim, concluding that a chapter 13