Undersecured Short-Term Mortgages May be Crammed Down

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee (Charlottesville, VA)

In Hurlburt v. Black,1 the en banc Fourth Circuit Court of Appeals overturned its prior decision in Witt,2 and held that Bankruptcy Code § 1322(c)(2) authorizes modification of some home mortgage loans through bifurcation and cram down. This enables debtors to cram down home mortgage loans for which the last payment is due before the end of the plan term, if the Debtor is able to . . .

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Kellner Retires

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By Academy Staff Jeffrey M. Kellner graduated from THE Ohio State University in 1975. Between then and entering law school, Jeff worked in Montana for the park service. He graduated from Capital University College of Law in 1985. After law school, he worked for two years as a law clerk for Judge Calhoun in Columbus, OH. He then went to...

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Undersecured Short-Term Mortgages May be Crammed Down

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Related Articles

Kellner Retires

How Can You Claim to Be “Creative” or “Innovative” If Your Website’s Home Page Shows a Skyline?

Federal Payments for Foster Care and Adoption Assistance in Bankruptcy

Absolute Right to Dismiss? Sixth Circuit Says “Yes”

Surrender of Collateral in a Plan- What Is the Court to Do if the Debtor Doesn’t Follow Through?

After Chicago v Fulton: Not Only Cars – A Survey of Fulton Rulings and a Weakened Automatic Stay

Why Flexible Payment Schedules Matter

Chapter 13 Debtor Employment in the Marijuana Industry

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

New and Revised Bankruptcy Forms

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