Member Articles

“Zombie mortgages are mortgages thought to be forgiven or satisfied long ago but still legally exist. These debts may have been written off by the lender and sold for pennies on the dollar to debt collectors.”

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Dewsnup v. Timm; Marrama; Rash; and Till

Are pre-petition refunds to investors made by a person operating a Ponzi scheme avoidable as preferences? Yes, says the Supreme Court.

This is a very popular item from last week. HOWEVER, we accidentally reported a typo in the very last section. The correct Code Section is 521 (not 330). This has now been corrected on the website. If you printed this article for future reference, please re-print or make this correction.

Creditor holding a reverse mortgage with a lien against property in which the debtor/heir resides holds a claim allowable in the debtor’s Chapter 13 case notwithstanding a lack of any personal liability.

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming weeks, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Mullane v. Central Hanover Bank & Trust; US v. Whiting Pools; BFP v. Resolution Trust; and Nobleman

Party objecting to a proof of claim bears the initial burden of proof to overcome the presumption of validity. Upon overcoming that presumption, the creditor then has the burden of proof to establish the validity of its claim.

Last month, the Supreme Court granted cert agreeing to consider the issue of judicial estoppel arising in a Chapter 13 case.

In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming months, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Taylor v. Freeland & Kronz, Law v. Siegel, Hamilton v. Lanning, and Butner v. US.

Like Dickinson’s work, it can be maddeningly cryptic one moment and breathtakingly precise the next. But if you look closely, beneath the legal structure lies poetry - there are human stories of loss, resilience, and renewal.” WOW. Just WOW. This is a must read!!