(First published here on August 19, 2019. Used with permission.) By Daniel Cohn, Esq., Legal Department, Wells Fargo Bank, N.A. General Rule: No Primary Residence Mortgage Changes The general rule in bankruptcy is that debtors cannot cram down loans secured only by mortgages on their primary residences. But wait, “what’s a cram down?” you ask. For non-bankruptcy folks, a cram...
From the Editor – Property of Estate and Exemptions
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By The Honorable William Houston Brown (Retired)
Exception from normal judicial estoppel. The debtor was not barred from pursuing cause of action when failure to schedule was attorney’s mistake, and debtor’s exemption offset any motive to conceal. Javery v. Lucent Technologies, Inc., 741 F.3d 686 (6th Cir. 2014)
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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the Western District of Tennessee, and he had been designated to sit also in the Middle District of Tennessee, Southern District of Florida, Eastern District of Michigan . . .
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