June 27, 2025
Jeffrey Fraser Authors “Broad Scope, or Slippery Slope? Justifications of Johnson” for ABI Journal
Partner Jeffrey Fraser of Albertelli Law has authored “Broad Scope, or Slippery Slope? Justifications of Johnson” for the American Bankruptcy Institute (ABI) Journal (June 2025). The article examines the U.S. Supreme Court’s decision in Johnson v. Home State Bank—which allowed…
June 25, 2025
Be Careful What You Ask For…You May Get It (and More)
Can a debtor dismiss a Chapter 13 case at will — even in bad faith — and walk away clean? Under §1307(b) of the Bankruptcy Code, the answer has long been yes. But courts are beginning to push back. In…
December 10, 2024
When Stay Violations Can Be Undone: A Closer Look at Automatic Stay Annulment
A recent Pennsylvania bankruptcy case offers an important lesson for creditors, servicers, and third-party purchasers navigating property transactions that intersect with active bankruptcy proceedings. In re Wright, the Eastern District of Pennsylvania bankruptcy court examined a tax sale that took…
June 14, 2024
Just When You Thought Your Sale Was Safe: Avoiding Pre-Petition Foreclosure Sales Under §522(h) and §544
A completed foreclosure sale doesn’t always mean the matter is closed. In a notable opinion from the District of Massachusetts, In re Neiva (2024 WL 544049) demonstrated that a Chapter 13 debtor can unwind a valid pre-petition foreclosure sale using…
March 22, 2024
Managing Risks in the Eviction Process
In this article. originally published in the Legal League Quarterly, Attorney Thomas S. Van takes a closer look at the eviction process following a foreclosure sale. In Homeward Opportunities Fund I Trust 2019-2 v. Taptelis (Homeward Opportunities) (2023) 314 Cal.Rptr.3d 391,…
February 2, 2024
Jeffrey Fraser Authors “Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A)” for ABI Journal
Partner Jeffrey Fraser has authored “Intent over Plain Meaning: The Minority Perspective of § 362(c)(3)(A)” for the American Bankruptcy Institute (ABI) Journal (January 2024). The article examines §362(c)(3) of the Bankruptcy Code and how the minority perspective appears more in…
September 27, 2023
The Ironclad Anti-Modification Provision: Why §1322(b)(2) Trumps a Confirmed Plan
Can a confirmed Chapter 13 plan extinguish a mortgage lender’s lien—even if the creditor never objected? The Eleventh Circuit Court of Appeals says no. In re Bozeman, the court delivered a significant win for mortgage creditors, holding that the Bankruptcy…
May 5, 2023
Some Federal Protections Are Stronger Than Others: Sovereign Immunity, Criminal Restitution, and the Automatic Stay
Not all federal protections carry equal weight — and two landmark 2023 decisions make that clearer than ever. In this Legal League Quarterly article, ALAW Bankruptcy Partner Jeffrey S. Fraser examines a pair of federal court rulings that tested the…
February 14, 2023
Chapter 13 Debtors Struggle to Keep 84-Month COVID Plan Extensions
When Congress enacted the CARES Act, it gave Chapter 13 debtors a critical lifeline: the ability to extend plan payments to 84 months under a temporary Bankruptcy Code provision, §1329(d). But with that provision’s expiration in March 2022, debtors who…
July 10, 2022
Can Mortgage Creditors Still Rely on Stay Relief Orders? Potential Confusion and Consequences of Tedesco
When a bankruptcy court grants a mortgage creditor relief from the automatic stay, should that order carry the weight creditors have long expected? In this article published in ALFN’s ANGLE magazine (July 2022), ALAW Partner Jeffrey S. Fraser explores the…