Chapter 7 Debtors Might Benefit from Jevic by Analogy
Otherwise-valueless exemptions might get value, depending on the outcome of Jevic.
Recent Decisions Bar Cramdown on Mixed-Use Principal Residences
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time
Courts split on whether failure to redeem on time is fatal in reorganization.
Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage
Bar to modification of a home mortgage trumps ability to cure in chapter 13.
Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
Courts Split on Stripping Down Partially Commercial Mortgages
Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.
New York District Court Bars Forced Vesting of Title Through a Chapter 13 Plan
Split in lower courts now tilts toward precluding forced title vesting in chapter 13.
Mortgages Command Priority over Legal Fees in a Chapter 13 Plan
Plan can’t cause default on a home mortgage to pay a debtor’s lawyer first.
Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
State courts should rule on state law issues, says circuit panel including Richard Posner.