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.
Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7
Judge ducks ability to reconvert previously converted case to chapter 13.
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).
Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans
Consumer debtors bat 500 last week in significant cases.
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.
Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold
Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.