Creditors’ Rights in Chapter 13 Bankruptcy
In Chapter 13 bankruptcy, much of the legal proceedings focus on protecting the rights of the debtor. What can be overlooked is that the process also provides protections for creditors. The Maryland creditor’s rights attorneys of Rosenberg Martin Greenberg are experts in taking the fullest advantage of protections available for an individual or corporate creditor.…
Read MoreRicketts v. Strange “Strange” How Simply Checking For a Bankruptcy Filing Can Provide a Complete Defense To a Lawsuit
Parties other than those who file for bankruptcy and discharge their obligations to creditors generally view a bankruptcy filing as a bad thing. The filing of a bankruptcy case prevents creditors from foreclosing on collateral or suing to recover money owed to them and generally results in creditors being paid much less than they are…
Read MoreFourth Circuit Protects Rights of Residential Mortgage Lenders In Chapter 13 Bankruptcy Cases
When a borrower files a bankruptcy case, for almost all purposes, what would commonly regarded as a single claim secured by collateral is subject to being treated as two claims: a “secured claim” in the amount of the value of the collateral securing the claim and an “unsecured claim” in the amount of the difference…
Read MoreThird Circuit Upholds Lender’s Right to Early Redemption Premium In Bankruptcy
On November 17, 2016, the United States Court of Appeals for the Third Circuit issued its opinion in In re: Energy Future Holdings Corp. The Third Circuit reversed a ruling by the United States Bankruptcy Court for the District of Delaware that had been affirmed on appeal by the District Court that lenders were not…
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