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Can a Condo Association Recover Past-Due Amounts After Owner Files Bankruptcy?
  • Stark & Stark
  • USA
  • November 20 2017

When a condo owner in arrears on assessments declares bankruptcy, a condo association often expresses concern about the effect of the bankruptcy on

The Bankruptcy Rule Changes are Almost Here - and You Should Care
  • Squire Patton Boggs
  • USA
  • November 14 2017

You have been reading for months that the U.S. Supreme Court approved amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”

Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2017
  • Cooley LLP
  • USA
  • November 14 2017

Just about every year amendments are made to the rules that govern how bankruptcy cases are managed the Federal Rules of Bankruptcy Procedure. The

2nd Circuit: Secured Lenders Entitled to Market-Rate Interest in Cram-Down Plan
  • McGuireWoods LLP
  • USA
  • November 10 2017

In October 2017, the 2nd U.S. Circuit Court of Appeals, in In re MPM Silicones (Momentive) LLC, held that a non-consenting class of creditors is

The Res Judicata Effect of a Confirmed Chapter 13 Plan on Claim Objections: The Fourth Circuit Provides Guidance to Secured and Unsecured Claimants
  • Nelson Mullins Riley & Scarborough LLP
  • USA
  • October 23 2017

In LVNV Funding, LLC v. Harling, 852 F.3d 367 (4th Cir. 2017), as amended (Apr. 6, 2017), the Fourth Circuit addressed whether claim objections filed

Debtor-Filed Proof of Claim in Chapter 13 Bankruptcy Case Leads to Modification of Lien on Principal Residence
  • Hunton & Williams LLP
  • USA
  • September 26 2017

The Bankruptcy Code prohibits a chapter 13 debtor from modifying a mortgage lien on the debtor's principal residence. Even in situations in which a

Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt
  • Burr & Forman LLP
  • USA
  • August 23 2017

Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In

6th Cir. Holds Debtors Could Compel Abandonment of Home If Little Equity Available
  • Maurice Wutscher LLP
  • USA
  • August 18 2017

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a bankruptcy court's order granting the debtors' motion to compel the trustee to

New Bankruptcy Rules Effective December 1, 2017, Will Impact Financial Institutions
  • Hunton & Williams LLP
  • USA
  • July 28 2017

Major changes to bankruptcy rules that govern the administration of consumer bankruptcy cases, and Chapter 13 cases in particular, were recently

11th Cir. Holds Bankruptcy Chapter 13 to 7 Conversions May Be Dismissed for ‘Abuse’ Under 11 U.S.C. 707(b)
  • Maurice Wutscher LLP
  • USA
  • July 17 2017

The U.S. Court of Appeals for the Eleventh Circuit recently held that section 707(b) of the Bankruptcy Code, which allows a bankruptcy court to