by Jeremy Rickson | Jun 10, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
A recent Supreme Court case considered whether, in a Chapter 7 bankruptcy proceeding, a junior mortgage may be voided when the senior mortgage amount exceeds the value of the property. For lenders, this means that if you hold a mortgage that is second in line to the...
by Jeremy Rickson | Jun 8, 2015 | Banking, Creditors’ Rights & Bankruptcy, News
By Creditors’ Rights and Bankruptcy Practice Group For lenders who maintain perfected security interests in collateral, the Second Circuit’s recent decision in In Re Motors Liquidation Company, et al. will go down in history as a...
by Jeremy Rickson | Jun 3, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
Bankruptcy courts have a seemingly obvious purpose—to settle bankruptcy claims. However, bankruptcy courts may also hear and decide matters that would traditionally be argued in a federal district court if those matters are related to the bankruptcy proceeding and the...
by Jeremy Rickson | May 29, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
During a Chapter 13 bankruptcy proceeding, a trustee collects a portion of a debtor’s wages for distribution to creditors according to a court-approved payment plan. At any time, a debtor may convert his Chapter 13 proceeding into a Chapter 7 proceeding, during which...
by Jeremy Rickson | May 29, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News, Real Property & Land Use
As an update to our blog post of November 25, 2014 (below), the United States District Court for the District of Oregon recently changed course with regard to property surrendered in bankruptcy, vacating and remanding In re Watt. Judge Ann Aiken recognized the lack of...
by Jeremy Rickson | Mar 1, 2015 | Banking, Estate Planning & Probate, Litigation, News
By Erich M. Paetsch In 2013, an estimated 15 percent of Oregonians were 65 or older. By 2030, it is estimated that more than 20 percent of Oregonians will be 65 or older. Given the growing population of Oregonians 65 years or older, greater legislative and judicial...