Real Estate

“ In Rem Relief” as Commandeering? Perspectives from Haaland By Nate Juster 1 Is it unconstitutional to force states to record in rem bankruptcy court orders as charges against real property? It could be. In Haaland v. Brackeen , 2 the U.S. Supreme Court considered

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Supreme Court Holds that § 363(m) Does Not Create Jurisdictional Bar; Side-Steps Mootness Issue Under 11 U.S.C. § 363(m), absent a stay of an order approving a sale or lease of bankruptcy estate

Subordinated lenders can’t take a ‘haircut,’ give a ‘tip’ to the trustee, sell a home and eradicate the debtor’s homestead exemption.

Florida’s Homestead Exemption: Ensuring an Equal Application of the Law By James M. Truett Across the U.S., various states lack uniformity in their bankruptcy homestead-exemption laws pertaining to when debtors qualify for the homestead exemption within their state

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

Reversing, a Long Island district judge credits value to a homeowner’s ability to delay foreclosure, taking a position contrary to a recent decision from a Ninth Circuit B.A.P.

ate law might provide an equitable basis for denying a state-law exemption, although Law v. Siegel won’t permit equity to defeat an exemption claim under federal law.