Published: September 28, 2012
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.
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.
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.
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.
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.
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.