November 20, 2023
The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.
October 30, 2023
A chapter 7 trustee’s obligation to sell can mean that chapter 7 prices don’t fit the ordinary definition of fair market value.
August 30, 2023
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
May 30, 2023
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
May 24, 2023
An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.
April 28, 2023
Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.
January 18, 2023
The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.
October 26, 2022
If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.
January 6, 2022
Courts are split when it comes to deciding whether the confirmation date or the filing date should be used to value a secured lender’s collateral in cramdown.
April 13, 2020
The value of a disputed claim is proven by showing the likely validity of the claim and the likelihood of recovery, not just by establishing the possible damages.