Lender’s ‘untimely’ claim isn’t avoidable in bankruptcy 
Published: September 28, 2012
Tags: lien
A home lender’s lien could not be avoided in the borrowers’ bankruptcy case – even though the lender failed to file a timely proof of claim, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Lawyer’s suit over division of fees isn’t barred
Published: February 6, 2012
Tags: attorney fees, lien, statute of limitations
The expiration of a lawyer’s lien against a personal injury settlement did not bar her from suing her co-counsel regarding the division of fees, the Oklahoma Supreme Court has ruled in reversing judgment.
Lawyer’s fee has priority over hospital’s lien
Published: February 2, 2012
Tags: attorney fees, lien
A hospital’s lien against a personal injury settlement did not attach until after the plaintiff’s lawyer had taken his fee, the Delaware Supreme Court has ruled in reversing judgment.
Judgment creditor’s lien on homestead unenforceable
Published: October 7, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, homestead exemption, lien
A judgment creditor did not have an enforceable lien against the proceeds of the sale of a debtor’s home in excess of the $125,000 homestead exemption claimed in the debtor’s bankruptcy case, the 5th Circuit has ruled in reversing judgment.
Security interest exists in debtor’s vehicle
By:
Pat Murphy
Published: January 5, 2011
Tags: Chapter 7, lien, Uniform Commercial Code
A lien holder had a valid security interest in a Chapter 7 debtor’s vehicle – despite the absence of a written security agreement, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Lender loses priority status in bankruptcy
By:
Pat Murphy
Published: May 18, 2010
Tags: lien, Uniform Commercial Code
A lender lost its priority status in a bankruptcy case because it failed to properly list the debtor’s name in its financing statement filed with the state, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
