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Over Secured Creditors Get Interest, Even at 18%!

Since the United States Supreme Court in the Ron Pair case (U.S. v. Ron Pair Enterprises, Inc., 489 U.S. 235 1989) declared that creditors, who had security in excess of the amount of their claims, were entitled to interest, the case law has evolved… Read More
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Categories: Bankruptcy

Stay Termination – Annulment Gets You So Much More . . .

As creditors analyze their remedies as mortgage holders, an avenue that is not often utilized by creditors was validated by the Ninth Circuit BAP in Oya v. Wells Fargo NA, (In re Oya), 19-1095 (B.A.P. 9th Cir. Oct. 18, 2019). In Oya, the Debtors had… Read More
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Post-Petition Appreciation in Real Estate Goes to Debtor in Chapter 13 Context.

The Ninth Circuit BAP, in contrast with the First Circuit, has recently ruled that any post-petition (after filing) increase in the value of real estate goes to the Debtor and not their creditors. In In re: Richard L. Black, Richard L. Black, appella… Read More
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LLC Interests - How Are They Treated in a Bankruptcy and Can the Trustee Get Their Hands on it?

Over the course of the last few years, the use of limited liability companies (“LLC”) has become more and more prevalent as businesses abandon the corporate form for the LLC format. As individuals owning LLC’s are now finding their way into Ban… Read More
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Categories: Bankruptcy

Transmittal of STD Deemed Non-Dischargeable.

The United States Bankruptcy Court for the District of New Mexico recently issued an opinion on what is not necessarily a monetary issue but certainly a sensitive one. In that case, the Debtor, a software analyst, who the Court found to be “educate… Read More
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Categories: Bankruptcy

“Total Surrender” in Chapter 13 – Can a Debtor Reject One Vehicle and Keep Another When the Same Creditor has a Lien on Both?

Typically, families that need Chapter 13 relief and have been Credit Union members have two vehicles. Often times, “buried in the fine print” of the security documents are so-called “cross collateralization” clauses that say, in common langua… Read More
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Categories: Bankruptcy

Law is Now Settled – Unsecured Creditors Get Their Attorney Fees in a Bankruptcy

The law has been clear for some time that secured creditors (mortgage holders, creditors with vehicle liens, equipment liens, etc.) are entitled to add their attorney fees to their claims in a bankruptcy or reorganization. The question of whether cre… Read More
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Categories: Bankruptcy

Debtor’s Lawyers Beware: Courts Allow Chapter 13 Discharge to Extend to Post-Chapter 13 Mortgage Foreclosure Deficiency

A recent series of cases highlighted a loophole (some commentators say “intended exception”) in the language of 11 U.S.C. §1328, the Debtors’ Discharge. Most recently in In re: Kent, 2016 WL 9488860 (Bankr. D. OR 2016), the Bankruptcy Court ex… Read More
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Categories: Bankruptcy

Two Statutes Collide - 363 Fights it out with 365.

Probably the most commonly heard Motion in Bankruptcy Court is a Motion for Sale Pursuant to 11 U.S.C. §363(f). This section, generally, allows the Trustee (or Chapter 11 debtor) to sell property free and clear of liens, generally providing that lie… Read More
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Categories: Bankruptcy

Brunner Student Loan Test Revisited by Pennsylvania Bankruptcy Court.

In our continuing effort to follow the dischargeability of student loans, a new case, decided by the Bankruptcy Court for the Eastern District of Pennsylvania, Price V. Devos has some note. The Bankruptcy Judge, sitting in the Eastern District of Pen… Read More
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Categories: Bankruptcy

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