Bankruptcy Blogs

Forgive Principal Only If the Borrower Pays the Mortgage

04/24/12

Strategic defaulters have lost the incentive to pay. Something should be done to replace that incentive, not simply reduce debt.

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50 Cent Stakes Claim in Young Buck Recordings

04/24/12
Getty Images for Coachella
50 Cent performs onstage during the third day of the 2012 Coachella Valley Music & Arts Festival.

Rapper 50 Cent is laying clai

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Meet the Voice of Angry Homeowners

04/24/12

Every notable historical battle that's pitted the outraged against the outrageous actions of the oppressors has had its champions. The French Revolution had Marianne, the foreclosure crisis has Senka Huskic.

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Speaking of Student Loans . . .

04/24/12

President Obama is at UNC-Chapel Hill today to talk about student loan interest rates. His speech should be streamed here at around 1:15 pm EST according to recent estimates.  

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Supreme Court Indubitably Grapples With Credit Bidding

04/24/12

 

The Supreme Court heard arguments yesterday in RadLAX Gateway Hotel over whether the Bankruptcy Code permits a debtor in a chapter 11 case to sell encumbered assets without providing its secured lenders an opportunity to credit bid their debt. 

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If the ebt

04/24/12

If the ebt wsa discharged in your BK, you are not liable. Additionally, the company seeking to enforce the debt may be liable for violating the discharge order. You may be entitled to monetary damages. You should consult with a BK attorney in your jurisdiction.

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Why DeMarco Is Right to Resist Mortgage Principal Writedowns

04/24/12

Is it fair to give a 30% haircut to borrowers who put zero down, and not to their neighbors who put 30% down? Or to distribute taxpayer funds to five states with half the country's negative equity?

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The Daily Docket: Supreme Court Skeptical of Efforts to Block Credit Bidding

04/24/12

The U.S. Supreme Court began the process of weighing in on one of the hottest issues in corporate bankruptcy Monday, casting harsh eyes on a hotel owner’s attempt to block its secured lender from using debt as currency in a bankruptcy auction. Read the Daily Bankruptcy Review article here.

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Exempt Disability Income Loses Benefits In Bankruptcy

04/24/12

Disability insurance proceeds, from either private insurance or social security, cannot be garnished by a judgment creditor in Florida, and courts will protect the same proceeds after they are deposited in a debtor’s bank account. That’s the law in state court collections, but treatment of disability income is somewhat different in bankruptcy. 

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RadLAX Oral Argument - Part II: What's Indubitably Bothering the Supreme Court Justices Equivalently

04/24/12

As I noted three years ago in my "What's Bothering Ruthie?" post on Justice Ginsburg's one-liner that stopped the Chrysler sale dead in its tracks, today's Supreme Court oral argument in RadLAX Gateway Hotel, LLC v.

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