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…