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…
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…
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…
March 28, 2021
Bankruptcy Is Broad, But Not That Broad: Limits on Non-Standard Language in Chapter 13
Can a Chapter 13 debtor use non-standard plan language to extend the protection of the automatic stay without actually providing treatment to a secured creditor? In this article published in ALFN’s ANGLE magazine, ALAW Partner Jeffrey S. Fraser explores a…
March 14, 2020
Curing Defaults in Chapter 13: Mortgage Controls Over Foreclosure Judgment
When a homeowner files Chapter 13 bankruptcy to save a primary residence, the “cure and maintain” provision under §1322(b)(5) of the Bankruptcy Code allows them to propose a plan to cure mortgage arrears — even over the creditor’s objection. But…