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Till v. SCS Credit Corp., 541 U.S. 465 (2004), was a decision by the United States Supreme Court regarding a cramdown in the value of a loan during a Chapter 13 bankruptcy. ...
U.S. bankruptcy law provides for an automatic stay of any legal process against debtors or their assets (except perhaps legal process involving criminal law or family law) while bankruptcy is pending, but because U.S. bankruptcy courts cannot cram down loans secured by primary residences, creditors are able to file motions for relief from the ...
Cram down is barred if a junior interest (old equity) holder under a proposed Chapter 11 plan receives or retains property "on account of" such junior interest. 11 U.S.C. 1129(b)(2)(B). The Court, considering whether the language of the statute implied a new value exception, found "on account of" not to mean "in exchange for" or "in ...
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Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. [1]
The food delivery platform hid fees until the last minute, misled Grubhub+ subscribers to believe they can avoid fees, and blocked some customers from using their gift card balances, according to ...
A new lawsuit — the third centered on allegations that Carter and Sean “Diddy” Combs raped a 13-year-old girl in 2000 — was filed by Jane Doe’s attorney Tony Buzbee against Carter’s ...
Cram down [ edit ] H.R. 1106 contains a provision, frequently called " cram down ," which would allow judges to modify the rights of a mortgage holder, whether that mortgage holder is a primary lender or an investor in a mortgage-backed security , with regard to delinquent mortgages on primary residences if the borrower has entered Chapter 13 ...