Bankruptcy/Debtor-Creditor Rights Blog

Related Practice Areas: Commercial Restructuring & Bankruptcy and Creditor Rights

• CAVEAT CREDITOR: RECORD YOUR MORTGAGES IMMEDIATELY
  Posted March 24, 2010
  

  Author: Alex T. Gray

  The Eighth Circuit Court of Appeals recently upheld a bankruptcy court’s decision to avoid the transfer of a mortgage from a debtor to a mortgage company because the company failed to record the mortgage before …

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• SUPREME COURT HOLDS THAT ATTORNEYS ARE “DEBT RELIEF AGENCIES”
  Posted March 12, 2010
  

  Author: Chris A. McNulty

  The United States Supreme Court handed down its decision in Milavetz, Gallop & Milavetz, P.A., et. al. v. United States this week, concluding that attorneys are included in the term “debt relief agencies.”  As defined …

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• CHAPTER 14 BANKRUPTCY
  Posted March 5, 2010
  

  Author: 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 …

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• WHAT IS THE PROPER CALCULATION FOR THE “PROJECTED DISPOSABLE INCOME” OF AN ABOVE-MEDIAN CHAPTER 13 DEBTOR?
  Posted March 1, 2010
  

  Author: 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 …

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• 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, 2010
  

  Author: 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 …

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• A VICTORY FOR CHAPTER 13 DEBTORS: DEBTORS’ RIGHTS IN PROPERTY EXTEND BEYOND THE FALLING OF THE HAMMER AT A FORECLOSURE AUCTION
  Posted February 16, 2010
  

  Author: 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 …

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• FMNA AND CREDITOR’ RIGHTS ENDORSEMENTS
  Posted February 10, 2010
  

  Author: 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 …

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• 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, 2010
  

  Author: 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 …

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• AS EXPECTED, BANKRUPTCY FILINGS INCREASED SIGNIFICANTLY IN 2009
  Posted January 25, 2010
  

  Author: 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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