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Full-Text Articles in Law
The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Samuel Bufford
The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Samuel Bufford
Journal Articles
This article discusses minor changes to the U.S. Bankruptcy Code that would make avoiding foreclosure possible for a homeowner who (a) is presently not able to make the mortgage service payments but (b) could make payments for a mortgage that is reduced to the market value of the property and to a fixed market mortgage rate. This article does not address the political issue of what protections Congress might decide to provide mortgage owners and servicers as a part of such legislation.
The Case For The Tax Collector, Marie T. Reilly
The Case For The Tax Collector, Marie T. Reilly
Journal Articles
This article considers the question: Is a transfer of property via a noncollusive, properly conducted property tax foreclosure process entitled to respect in bankruptcy against the trustee's fraudulent transfer avoiding power? It answers this question in the affirmative. Part II examines the Court's opinion in BFP v. Resolution Trust Corp. and how courts have applied it in fraudulent transfer challenges to tax foreclosure transfers. Most courts have read BFP as requiring a comparison between the conditions under which the tax foreclosure at issue occurs and mortgage foreclosure. If the tax foreclosure process does not require public sale with competitive bidding, …