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.
March 31, 2020
Permanently reducing the claim by the appraised value without a backstop means the creditor isn’t receiving the ‘indubitable equivalent,’ BAP says.
March 19, 2019
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
February 20, 2019
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
February 11, 2019
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
August 22, 2018
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.