Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
Supreme Court says that activities not required by state law in nonjudicial foreclosure may be covered by the FDCPA.
Defectively Executed Mortgages Are [Still] Avoidable in Ohio
Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.
The Supreme Court Refuses to Revisit Dewsnup
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
Supreme Court Is on the Road to Overruling Dewsnup
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.