Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans
Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.
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Views from the Bench
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Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage
Bar to modification of a home mortgage trumps ability to cure in chapter 13.
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Swift Energy Emerges from Bankruptcy
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Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
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New Gulf Wins Approval of Its Reorganization Plan
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Courts Split on Stripping Down Partially Commercial Mortgages
Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.
Supreme Court Inadvertently Makes Life Difficult for Secured Creditors
Bullard gives bankruptcy judge more ammunition to stymie secured creditors.
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Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction
Unartful complaint didn’t prove fatal on a change-of-venue motion.