Creditor can’t manipulate senior claim to save junior lien

Nov 15, 2016 By: David Light

A creditor holding two mortgages could not waive a portion of the amount owed on the senior mortgage in order to keep the junior mortgage from being stripped off in the homeowner’s Chapter 13 case

‘Chutzpah of the Year’ award?

Aug 15, 2016 By: David Light

A debtor who sought to reaffirm a debt — secured by a Jaguar he bought just before filing for bankruptcy — might be a candidate for the “Chutzpah of the Year” award.

Glorified lawn mower isn’t a lawn tractor

Apr 22, 2016 By: David Light

All riding lawn mowers are not lawn tractors. It’s a distinction that’s frequently overlooked, but it is very important in consumer bankruptcy cases.

Chapter 7 lawyers take postdated checks, get hefty fine

May 12, 2015 By: David Light

Two attorneys who accepted postdated checks for fees in Chapter 7 cases must now pay $189,505 to their former clients.

Court rejects Wells Fargo’s ‘Talk to my lawyer’ defense

Jan 21, 2015 By: David Light

If you believe Wells Fargo Bank is violating the discharge injunction entered in your client’s case, the lender would prefer that you

Colorado court denies bankruptcy protection to marijuana growers

Sep 5, 2014 By: David Light

Colorado residents who earn a living by growing or selling marijuana are high and dry if they ever need to file for bankruptcy

11th Circuit seeks to stop flood of bogus bankruptcy claims

Jul 31, 2014 By: David Light and Richard D.R. Hoffmann

Buyers of consumer debt are flooding the dockets of Chapter 13 bankruptcy courts with claims for debts that are unenforceable under state

Do bankruptcy courts need a Stern rule?

Mar 7, 2014 By: David Light

In Stern v. Marshall, the Supreme Court said bankruptcy courts lack constitutional authority to enter final judgments on state law matters that are not resolved during the claim allowance process.