Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says
Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.
Judge Describes an ‘Important Tool’ to Deal with Incompetent Debtor’s Counsel
Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.
Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell
Estate property must be formally abandoned before the power of sale reverts to the debtor.
Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination
Dissenter contends that the majority misread the circuit’s own precedent.
A Future Advance Clause Saved a Loan from Being Unperfected
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown
Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.