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By: Erich Paetsch, Creditors’ Rights & Bankruptcy and Litigation Lawyer On June 4th, the Supreme Court clarified when discharge of debts may occur if the debt arises out of fraudulent statements about assets. As a result, banks cannot assume that all fraudulent charges are nondischargeable. In this case, R. Scott Appling fell behind in his …
Buying a house may seem like a personal matter, but when a borrower takes out a home loan many parties are involved in the transaction: the borrower, the lender, a trustee and other beneficiaries. Further complicating matters is modern financing permits changes to these parties over the life of the borrower’s loan. The changing of …
In a suit for judicial foreclosure, a plaintiff has the option of asking the court for a money award against a debtor. After amendments to the Oregon statutes dealing with judicial foreclosure from 2003 to 2007, some circuit courts began interpreting these provisions to require a money award against the person obligated on the debt, …
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 primary mortgage, and that primary mortgage is larger …
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 middle-of-the-night, sweat-inducing source of anxiety. For business owners and others who rely on lenders to fund their ventures, the decision reveals the mechanics of a transaction. …
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 parties consent to arguing the issues in the bankruptcy court. To clarify why this matters, …
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 the debtor’s wages are not collected. What happens to wages collected, referred …
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 clarity to 11 USC 1322(b)(9), which at first blush may appear …
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 attention has been placed on the needs of …
The Foreclosure Relief and Extension for Service Members Act of 2014 provides that if a mortgage was obtained before a service member was an active duty member of the military, then they are protected from foreclosure for a period of time upon return from active duty. The amount of time that a service member is …