Skip to main content

Page Banner(Taxonomy)

judge schlesinger

Wells Fargo Bank N.A. v. Scantling (In re Scantling)

Ruling
BAPCPA does not prohibit stripping off an unsecured junior lien in a "chapter 20" case.
Issue(s)
May a debtor "strip off" a wholly unsecured junior mortgage in a Chapter 20 case under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005?

ABI Membership is required to access the full summary of Wells Fargo Bank N.A. v. Scantling (In re Scantling) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 18, 2014 , LexisNexis #0714-025

Bank of Am. V. Mukamai (In re Egidi)

Ruling
Credit card balance transfers and advances properly avoided as preferential.
Procedural posture

Appellant, a debtor and a credit card company, sought review of a judgment from the District Court for the Southern District of Florida, which affirmed a bankruptcy court's decision that the debtor's payment of a debt owed to the company, using balance transfers and credit card advances drawn on other credit cards, constituted property of a debtor so that the transfers were avoidable preferences under 11 U.S.C.S. § 547(b).

ABI Membership is required to access the full summary of Bank of Am. V. Mukamai (In re Egidi) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 18, 2009 , LexisNexis #0709-090