Judge Explains Why Tax Liens Are Subordinated to Domestic Support Obligations
Congress decided to deviate from standard priorities by providing in Section 724 that unsecured domestic support obligations come ahead of tax liens.
Filing Bankruptcy After Renewing a Title Loan Again Found Not to Be Bad Faith
Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.
Bankruptcy Courts Have Statutory Power to Remove Voided Liens
Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.
Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, Circuit Says
Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
Rising Home Values and Chapter 13: A Deepening Split
When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.
Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships
Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships By Megan W. Murray Guaranties can be the lifeblood of loans, often adding credit support to a lender, which makes all the difference between a viable
Circuits Are Now Split on Who Gets Appreciation in a Home When a ‘13’ Converts to ‘7’
Splitting with the Tenth Circuit, the Ninth Circuit holds that chapter 13 debtors lose post-petition appreciation in a home if the case converts to chapter 7.