Tag Archives: claim determination

Claiming Insurance Proceeds: Watch for State Law Twists and Turns

Park Restoration, LLC v. Erie Insurance Exchange (In re Trustees of Conneaut Lake Park, Inc.), 855 F.3d 519 (3rd Cir. 2017) – When the debtor’s property was destroyed by fire, the insurance company applied the insurance proceeds first to delinquent property … Continue reading

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Stale Debt and the FDCPA: Unenforceable Does Not Necessarily Mean No Payment

Midland Funding, LLC v. Johnson, ___ U.S. ____, 137 S. Ct. 1407, 197 L. Ed. 2d 790 (2017) – The question before the court was whether filing a bankruptcy proof of claim for a debt where the limitations period has run … Continue reading

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Non-Recourse Loan Redux: Turning into Recourse and Back Again

Mastan v. Salamon (In re Salamon), 854 F.3d 632 (9th Cir. 2017) – A deed of trust creditor filed a claim in a Chapter 11 case contending that its nonrecourse loan was entitled to treatment as a recourse loan under section … Continue reading

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Lease Claims: Exactly How Does the Cap Work?

Kupfer v. Salma (In re Kupfer), 852 F.3d 853 (9th Cir. 2016) – The controversy before the 9th Circuit involved interpretation of the cap on landlord claims under section 502 of the Bankruptcy Code. Prior to bankruptcy the leases in question … Continue reading

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Secured Claims: MERS Strikes Again, Or Maybe Not

Tamir v. U. S. Trustee, 566 B.R. 278 (D. Me. 2016) – A chapter 11 debtor filed objections to proofs of claim filed by holders of his mortgage notes. He argued that the banks did not have secured claims because … Continue reading

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Secured Claim Cramdown: You Can Try Fighting, But Is It Worth It?

RGW Properties of Beaver County, Inc., 564 B.R. 489 (Bankr. W.D. Pa. 2017) – A Chapter 11 debtor sought confirmation of its plan of reorganization over the objection of its primary secured creditor. The mortgagee argued that (1) the property … Continue reading

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Chapter 13 Residential Mortgages: Anti-Modification Round 3

In re Hueramo, 564 B.R. 604 (Bankr. N.D. Ill. 2017) – A chapter 13 debtor proposed a plan that bifurcated an undersecured mortgage loan into a secured claim and an unsecured claim. The mortgagee objected and moved for relief from … Continue reading

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