Bankruptcy Law News and Insights

In a recent post, I discussed three situations in which a debtor in bankruptcy might find itself dispossessed of assets that appeared to be property of the bankruptcy estate. This article expands on that general idea and presents a compendium of situations in which creditors or circumstances may deprive a debtor...

Read More

"Springing liens" are first priority statutory liens on property that spring into existence when certain obligations remain unpaid. Springing liens can attach to real estate, for example, when the following obligations are not paid: taxes1, condominium association dues2, or claims for construction labor or materials3. In recent years, a busy...

Read More

The Eleventh Circuit recently affirmed a Bankruptcy Court and held that dismissal of an underlying bankruptcy case did not divest the Bankruptcy Court of jurisdiction in related quiet title action. In re Lindsey, 2021 WL 1140661 (11th Cir. 2021). In 2015, the plaintiff filed a voluntary petition for Chapter 13 bankruptcy...

Read More