SouthFloridaBankruptcyLawBlog

Two days, two chapter 7 section 506 decisions by the the 11th Circuit Court of Appeals.  On September 29, 2014, the Court issued its decision in In re Phillip, 2014 WL 4802758 (11th Cir. Sept. 29, 2014)(not selected for publication). On September 30, 2014, the Court issued its decision in In re Vaner Iest, 2014 WL  4825253 (11th Cir. Sept. 30, 2014)(not selected for publication).  The mortgage lender in both cases was Bank of America, N.A.

In the aftermath of the real estate mortgage foreclosure crisis in Florida since 2008, there have been presented to the court questions of the enforceability of mortgages under various circumstances, including after the dismissal of foreclose cases.

An indictment a few days ago against a chapter 7 debtor in Palm Beach County provides an occasion to review the bankruptcy crimes provisions of title 18 of the United States Code.  This indictment gives credence to the rule of thumb to beware of the debtor who mentions the words "Rolex watch."