Category Archives: Bankruptcy Cases and Laws

Judge Olson on Surrender in Chapter 7 and Foreclosures

I represented the debtor in a case where  Judge Olson entered an important ruling of general interest to bankruptcy  attorneys and foreclosure attorneys in particular for Broward County including Fort Lauderdale bankruptcies and foreclosures. The  state court foreclosing lender attempted to reopen a 2009 chapter 7 in which the debtor in her Statement of Intention stated her intent to surrender non-exempt real property.   The state court foreclosure, filed in 2009 with little activity for years,  had not yet been completed. The issue of the meaning and enforcement of the Debtor’s Statement of Intention in a state court foreclosure has been brought in several bankruptcy cases throughout Florida.  Decisions are conflicting. In  re Kourogenis,  Case No. 09-32936, DE 28, October 6,, 2015,  is the first bankruptcy court decision on this issue in Broward County as to chapter 7 cases. Careful reading of the decision is critical.  The court did find that in…
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Does Lien Stripping Remain in Chapter 13?

Caulkett Does Not Affect Lien-Stripping in Chapter 13 Posted by NCBRC – June 22, 2015 The recent Supreme Court decision in Bank of America v. Caulkett, ___ U.S. ___, 2015 WL 2464049 (June 1, 2015), does not apply to lien stripping in chapter 13. Turman v. Pinnacle Bank, No. 14-80062, Adv. Proc. 14-8035 (Bankr. D. Neb. June 12, 2015). Alton and Leslie Turman’s residence was subject to two liens, the second of which was wholly unsecured. Relying on Minnesota Housing Fin. Agency v. Schmidt (In re Schmidt), 765 F.3d 877 (8th Cir. 2014), and noting that seven other circuits have found that wholly unsecured liens may be stripped off in chapter 13, the court granted the debtors’ motion for summary judgment to avoid Pinnacle Bank’s lien. The court briefly reiterated the well-established interpretation of Nobelman v. American Sav. Bank, 508 U.S. 324 (1993), that a lien that is wholly unsecured…
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Supreme Court Consumer Bankruptcy Update

On December 12, 2014, the Supreme Court released an order granting petitions for certiorari in two more consumer bankruptcy cases: This update is from Robin Miller who provides bankruptcy consumer law updates to attorneys. Bullard v. Hyde Park Savings Bank, Case No. 14-116 (U.S. Sup. Ct., pet. for cert. granted Dec. 12, 2014) The Supreme Court  granted the Chapter 13 debtor’s petition for certiorari seeking review of In re Bullard, 752 F.3d 483 (1st Cir. May 14, 2014), which held that a bankruptcy court order denying confirmation of a proposed Chapter 13 plan, and giving the debtor an opportunity to file an amended plan, was not a final appealable order. Harris v. Viegelahn, Case No. 14-400 (U.S. Sup. Ct., pet. for cert. granted Dec. 12, 2014) The Supreme Court  granted the Chapter 13 debtor’s petition for certiorari seeking review of In re Harris, 757 F.3d 468 (5th Cir., July 7,…
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