From the Editor – Eligibility

By The Honorable William Houston Brown (Retired)

Disputed claim included in calculation of eligibility. The debtor’s case was dismissed for exceeding § 109(e)’s unsecured debt limit, when the debtor had signed $1,092,000 mortgage note but the mortgage was never recorded. The lender filed an unsecured claim for $1.7 million, and the Bankruptcy Appellate Panel agreed with the bankruptcy court that the claim was not contingent nor was it unliquidated. Although the debtor disputed the claim, it was still a claim for purposes of §§ 101(5) and 109(e), and as of . . .

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