Claims of home mortgage lenders against chapter 13 debtors: should full payment include interest on arrearages repaid over time?

Article Abstract:

There have been contradictory decisions in the federal courts on the issue of whether interest on mortgages in arrears as a result of Chapter 13 proceedings should be included in full payment plans. The issue is whether permitting such time value interest, without specific wording to that effect, is an alteration of the loan agreement which is disallowed under Bankruptcy Code section 1322(b)(2). Proper interpretation of the law does not relieve the debtor of duty to the lender for this interest, and court decisions granting such relief are straying beyond their authority into equity practice.

Mortgages

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Section 525(b): anti-discrimination protection for employees/debtors in the private sector - is it illusion or reality?

Article Abstract:

Bankruptcy Code Section 525(b) fails to provide employee-debtors with adequate anti-discrimination protection against improper actions by their employers. The 1984 Section 525 amendment, designed by Congress to increase protections, has been undermined by narrow interpretations in the federal courts. The courts generally have not accorded employee-debtors enough protection against employers who have allegedly engaged in various types of bankruptcy-related discriminatory conduct, leading to an overall decline in the number of such cases being filed.

Employment discrimination, Workers

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Personal liability of trustees and debtors in possession: review of the varying standards of care in the United States

Article Abstract:

This article reviews laws and court cases dealing with the personal liability of bankruptcy trustees and debtors in possession.

United States, Negligence, Duty of care (Law), Bankruptcy trustees

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