Lien avoidance

Fifth Circuit Report: August-September 2015

10/23/15

The summer months have been slow at the Fifth Circuit.   August and September's opinions include an update on a prior opinion about abstention related to a chapter 15, judicial estoppel, mootness of an appeal of a sale order, a motion to compromise, removal of a trustee, recognition of a foreign judgment and issues relating to a homestead.
 
Bankruptcy; Abstention; Remand

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Texas Judges Explore State Law on Liens and Homestead Exemptions

09/08/15
Much state law regarding liens and property rights emerges from the Bankruptcy Courts because they are frequently the first to confront novel issues.   Two recent opinions from the Western District of Texas bankruptcy judges confirm this trend.   In one case, Judge Tony Davis found that an option to acquire a leased homestead could be claimed as exempt, No. 14-11006, James Wayne See (Bankr. W.D. Tex.
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Judge Diehl: Undisbursed Funds Paid Into Court For Garnishment Are Property Of The Estate

03/28/14

In In re Cochran, Ch. 7 Case No. 13-43242, 2014 Bankr. LEXIS 1178 (Bankr. N.D. Ga. Feb. 10, 2014), the issue in the motion to avoid lien was whether funds paid into court pursuant to a Summons of Garnishment are property of the Bankruptcy estate after a case is filed.  Judge Mary Grace Diehl held as follows:

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Judge Diehl: Undisbursed Funds Paid Into Court For Garnishment Are Property Of The Estate

03/28/14

In In re Cochran, Ch. 7 Case No. 13-43242, 2014 Bankr. LEXIS 1178 (Bankr. N.D. Ga. Feb. 10, 2014), the issue in the motion to avoid lien was whether funds paid into court pursuant to a Summons of Garnishment are property of the Bankruptcy estate after a case is filed.  Judge Mary Grace Diehl held as follows:

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Lien Stripping In Chapter 13 Bankruptcy

11/01/11

Avoiding a Second Mortgage in Bankruptcy As a consequence of the decline in the real estate market many clients are asking about the status of their second mortgages. It is not understood by most lay people under what circumstances a second mortgage can be “avoided.” The most common second mortgage scenario in my practice for [...]

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