Courts Split on Stripping Down Residential Mortgages in Chapter 11
Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).
Surrendering Property Precludes a Debtor from Opposing Foreclosure
Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.
Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey
Condos in New Jersey get better protection from the court than from the state legislature.
Lender Protected from Forced Vesting of Title; Debtors Win on Fees and Repeat Filings
Debtors notch three wins and lose once in significant consumer cases.
Lenders Win Again, Beating Back Forced Vesting of Title through Chapter 13
Massachusetts judges disagree on ‘forced vesting’ in chapter 13 plan.
New York’s ‘Loss Mitigation’ Program Survives One Lender Attack
SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.
Stripped-Off Mortgages Don’t Count Toward Chapter 13 Unsecured Debt Limits
Ninth Circuit BAP removes another potential barrier to using “chapter 20.”
Second Circuit Charts a New Course Favoring Debtors on the FDCPA
Circuit split grows on the conflict between the Bankruptcy Code and the FDCPA.