Amended Chapter 13 Plan Allowed to Cure Post-Petition Mortgage Defaults
Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.
Only Noncitizens with ‘Green Cards’ Qualify for a Florida Homestead Exemption
Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.
Judge Kendig Implies that Failure to Run a Lien Search is Tantamount to Malpractice
The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.
Filing in a State Doesn’t Always Require Claiming Exemptions Under that State’s Laws
The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.
On a Split, Long Island Judge Allows Selling a Home Despite the Homeowner’s Objection
A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.