Statute
11 U.S.C. § 506
10 published works
Kowalski Family Law Blog
How a Criminal Record Affects Child Custody and Visitation
A criminal record can have a large impact on your child custody and visitation, but it does not have to be in complete control. Visit the link below to see…
Bankruptcy Report
The First Circuit Chooses a “Flexible” Approach to Post-Petition Interest
By Sara Echenique, Anson Frelinghuysen
In a recent decision, the First Circuit used a “flexible” approach to value the collateral claimed by an oversecured creditor, and granted post-petition interest on the creditor’s claim. In re…
Texas Bankruptcy Blog
Cram Down a Vehicle in Chapter 13
By Bryan Fears
While some Americans are able to get by without a personal vehicle, having reliable transportation is necessary to most. Whether it is a means to get to work or to…
Texas Bankruptcy Blog
Lien Stripping Property When One Spouse Files Bankruptcy
By Bryan Fears
Bankruptcy law is always evolving. While the bankruptcy process is federal, many state laws control whether the debtor can protect property or discharge debts. One undecided area of bankruptcy law…
Georgia Bankruptcy Blog
11th Circuit – Debtors Can Strip Wholly Unsecured Second Lien In Chapter 7 Case
By Sunghee Sohn
In McNeal v. GMAC Mortgage, LLC, et al, No. 11-11352 (11th Cir. May 11, 2012) (click here for .pdf) the issue before the Court was whether a debtor in a Chapter…
Georgia Bankruptcy Blog
11th Circuit Rules Again On The Hanging Paragraph And 910 Vehicles; Full Claim Treated As Secured
By Scott Riddle
The 11th Circuit apparently wants to make a firm stand on the "hanging paragraph" after 11 U.S.C. §1325(a)(9), with two published opinions in two days (see the first case). Nuvell…
Georgia Bankruptcy Blog
11th Circuit First To Rule On “Hanging Paragraph” Of Section 1325(a); Negative Equity In “910 Vehicles” Constitutes “Purchase Money Security Interest” That Prohibits Bifurcation Of Claim
By Scott Riddle
Graupner v. Nuvell Credit Corp. (In re Graupner), No. 07-13657 (11th Cir. August 6, 2008) (click here for opinion). In a case of first impression at the Circuit level, the…
Georgia Bankruptcy Blog
Hanging Paragraph: District Court In Middle Georgia Holds That Negative Equity Is Included In “Purchase Money Security Interest”
By Sunghee Sohn
Graupner v. Nuvell Credit Corp., Case No. 4:07-CV-37, 2007 U.S. Dist. LEXIS 46144 (M.D. Ga. June 26, 2007) (Land). The issue presented by this appeal is whether the "cramdown" provisions…
Georgia Bankruptcy Blog
SDGa – Section 1325 (The “910” Clause) Means that Secured Claims Cannot Be Bifurcated
By Sunghee Sohn
11 U.S.C. §§ 506, 1325; Secured Claims In re Brown, 2006 Bankr. LEXIS 476, Case No. 05-21764 (Bankr. S.D. Ga. March 27, 2006)(Dalis) Debtor purchased a personal vehicle within 910…
Georgia Bankruptcy Blog
SDGa – Claim “Secured” by “910 Vehicle” Not Secured After All
By Sunghee Sohn
11 U.S.C. §§ 506, 1325; Secured Claims In re Carver, 2006 Bankr. LEXIS 327 (S.D. Ga. March 6, 2006) (Walker) Debtors filed a Chapter 13, listing a vehicle (purchased within…