Bankruptcy/Debtor-Creditor Rights Blog 
Related Practice Areas: Commercial Restructuring & Bankruptcy and Creditor Rights
- CHAPTER 14 BANKRUPTCY
Posted March 5, 2010Author: Alex T. Gray
Introduced by Rep. Spencer Bachus (R-AL) on July 23, 2009, H.R. 3310 has been dubbed the “Consumer Protection and Regulatory Enhancement Act.” The bill seeks to amend the Bankruptcy Code by creating a new Chapter …
[read more] - WHAT IS THE PROPER CALCULATION FOR THE “PROJECTED DISPOSABLE INCOME” OF AN ABOVE-MEDIAN CHAPTER 13 DEBTOR?
Posted March 1, 2010Author: Chris A. McNulty
There has been much debate over the proper definition of “projected disposable income” as that term is used in 11 U.S.C. §1325(b)(1)(B) of the Bankruptcy Code. The two competing views throughout the circuits are the …
[read more] - SUPREME COURT OF THE UNITED STATES TO DECIDE THE EXTENT TO WHICH A DEBTOR MAY FULLY EXEMPT PROPERTY FROM THE BANKRUPTCY ESTATE
Posted February 22, 2010Author: Chris A. McNulty
There has been much debate among the circuits about whether a trustee is required to object to a debtor’s claimed exemption when the debtor’s bankruptcy schedules list identical amounts in the value and exemption columns …
[read more] - A VICTORY FOR CHAPTER 13 DEBTORS: DEBTORS’ RIGHTS IN PROPERTY EXTEND BEYOND THE FALLING OF THE HAMMER AT A FORECLOSURE AUCTION
Posted February 16, 2010Author: Alex T. Gray
The Arkansas Bankruptcy Court recently extended a debtor’s right to cure an arrearage on a mortgage secured by the debtor’s personal residence beyond the fall of the hammer at a foreclosure sale. The Court in …
[read more] - FMNA AND CREDITOR’ RIGHTS ENDORSEMENTS
Posted February 10, 2010Author: J. Alan Lewis
FNMA no longer requires creditors’ rights endorsements for loans it purchases and, if rumors can be trusted, the American Land Title Association will soon eliminate the ALTA 21 Creditors Rights Endorsement available for …
[read more] - A SIGH OF RELIEF FOR ASSIGNEES OF VEHICLE CONTRACTS: A PERFECTED LIEN ON A VEHICLE REMAINS PERFECTED WHEN ASSIGNED EVEN IF THE ASSIGNEE TAKES NO FURTHER ACTION
Posted February 8, 2010Author: Chris A. McNulty
A recent attempt to attack an assignees’ secured lien on a vehicle under Arkansas Code Annotated §27-14-908 has been frustrated by recent Bankruptcy Court decisions. The argument is always the same—in order to maintain perfection under …
[read more] - AS EXPECTED, BANKRUPTCY FILINGS INCREASED SIGNIFICANTLY IN 2009
Posted January 25, 2010Author: Alex T. Gray
The number of bankruptcy filings, a statistic often used as a barometer of the economy, increased 32% to 1,446,000 in 2009, which were the highest since Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act …
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