Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage
Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).
Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses
Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.
Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds
Debtors may face sanctions for continuing to occupy property they intend to surrender.
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.
Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien
Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Evading payment of a debt is a valid use of chapter 7, Florida judge rules.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.