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Supreme Court: Bank can credit-bid at bankruptcy auction (access required)

Published: May 29, 2012

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Chapter 11 cramdown plans that provide for the sale of debtor’s collateral free and clear of a bank’s lien must allow the bank to credit-bid at the sale, the U.S. Supreme Court has ruled.

Justices to decide ‘cramdown’ rights of secured lender (access required)

Published: December 12, 2011

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The U.S. Supreme Court will decide whether a Chapter 11 debtor may pursue a reorganization plan that proposes to sell encumbered assets at auction free and clear of liens without allowing a secured lender to bid its credit.

Bill would allow bankruptcy judges to adjust mortgages (access required)

Published: May 4, 2011

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WASHINGTON – A bill that would allow certain home mortgages to be modified by bankruptcy judges has been introduced in the House.

Report: Durbin wants cramdown measure in financial bill (access required)

By: Kimberly Atkins
Published: May 10, 2010

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WASHINGTON – Six months after a bill that would have allowed bankruptcy judges to rewrite the terms of mortgage contracts to help homeowners avoid foreclosure failed in Congress, Sen. Dick Durbin, D-Ill., is considering an amendment to the financial regulatory reform bill that would have a similar effect, according to a Huffington Post report.

Negative equity in auto not subject to ‘cramdown’ (access required)

By: Pat Murphy
Published: April 1, 2010

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The negative equity that Chapter 13 debtors had in a trade-in vehicle was not subject to the “cramdown” power of the bankruptcy judge, the 6th Circuit has ruled in reversing judgment.

Cramdown of negative equity in auto disallowed (access required)

By: Sylvia Hsieh
Published: March 2, 2010

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A Chapter 13 debtor’s negative equity in a trade-in vehicle can be part of a purchase money security interest not subject to the cramdown power of the bankruptcy judge, the 7th Circuit has ruled.

Flurry of Washington legal news in ‘09 (access required)

By: Kimberly Atkins
Published: January 6, 2010

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WASHINGTON – In Washington, 2009 was filled with legal-related issues on the agendas of members of Congress, White House officials and federal agency heads. Here’s a look at some of the biggest legal news out of Washington this year.

House kills mortgage ‘cramdown’ measure (access required)

By: Kimberly Atkins
Published: December 14, 2009

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WASHINGTON – A bill that would have given bankruptcy  judges the power to rewrite the terms of mortgage contracts to help homeowners avoid foreclosure has been rejected by the House.

Car’s negative equity protected in bankruptcy (access required)

By: Pat Murphy
Published: October 12, 2009

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The negative equity that New York debtors had in their trade-in vehicles could not be treated as unsecured claims in their Chapter 13 bankruptcy cases, the 2nd Circuit has ruled.

Senate kills bankruptcy measure (access required)

By: Kimberly Atkins
Published: May 5, 2009

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WASHINGTON – Controversial legislation that would have given judges the ability to adjust homeowners’ mortgage terms in bankruptcy proceedings has been defeated in the Senate.

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