Tag Archives: claim determination

Ad Valorem Property Taxes: Deadline For Challenging In A Bankruptcy

Pinellas County Property Appraiser v. Read (In re Read), 692 F3d 1185 (11th Cir. 2012) – Under Section 505(a)(1) of the Bankruptcy Code, generally a bankruptcy court may determine the amount or legality of any tax. However, under Section 505(a)(2)(C) … Continue reading

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Golf Fees As Cash Collateral: Strike Three You’re Out

Far East Nat’l Bank v. U.S. Trustee, San Diego (In re Premier Golf Properties, LP) 477 B.R. 767 (9th Cir. B.A.P. 2012) – Cash collateral is defined in the Bankruptcy Code as including cash, negotiable instruments, deposit accounts, or other cash … Continue reading

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Condo Liens: Judicial Lien v. Security Interest v. Statutory Lien – And Who Cares?

Young v. 1200 Buena Vista Condominiums, 477 B.R. 594 (W.D. Pa. 2012) – Young, a chapter 13 debtor, sought to avoid a condominium association lien for assessments because his chapter 13 plan was feasible only if a large portion of the lien … Continue reading

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Valuing Collateral: Do Low-Income Housing Tax Credits Count?

In re Creekside Senior Apartments, LP, 477 B.R. 40 (6th Cir. B.A.P. 2012) – In valuing a bank claim secured by a low-income housing project for purposes of a plan of reorganization, should the remaining federal low‑income housing tax credits … Continue reading

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High-Cost Loan Preemption: Who is the Lender in a Table-Funded Loan?

Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) – Massachusetts has enacted a Predatory Home Loan Practices Act (Chapter 183C), which among other things requires that lenders making “high-cost” mortgage loans must (i) obtain a … Continue reading

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Refinance Mortgage: “Strong Arm” Powers Meet Equitable Subrogation

Green v. HSBC Mortgage Services, Inc. (In Re Green), 474 B.R. 790 (Bankr. D. Md. 2012) – In Green, a lender refinanced a first priority deed of trust loan that had been made by IndyMac Bank, F.S.B.  For some unknown … Continue reading

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