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Bank of America, N. A. v. Caulkett, 575 U.S. 790, 135 S. Ct. 1995 (2015), is a bankruptcy law case decided by the Supreme Court of the United States on June 1, 2015. In Caulkett, the Court held that 11 U.S.C. § 506(d) does not permit a Chapter 7 debtor to void a junior mortgage on the debtor's property [i] when the amount of the debt secured by the senior mortgage on that property exceeds the ...
In the event of a bankruptcy proceeding, a secured creditor needs to file a proof of claim describing the debt and the remaining balance owed. [4] In the United States the Bankruptcy Code §506(b) entitles a secured creditor with a court approved claim to accrue post-filing interest, attorney's fees, and costs on its claim when three conditions ...
Title 11 of the United States Code, also known as the United States Bankruptcy Code, is the source of bankruptcy law in the United States Code. [ 1 ] This article is part of a series on the
The Bankruptcy Reform Act of 1978 (Pub. L. 95–598, 92 Stat. 2549, November 6, 1978) is a United States Act of Congress regulating bankruptcy. The current Bankruptcy Code was enacted in 1978 by § 101 of the Act which generally became effective on October 1, 1979. The current Code completely replaced the former Bankruptcy Act of 1898 ...
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
441 U.S. 506 (1979) Takings Clause only requires payment of fair market value to landowner Bell v. Wolfish: 441 U.S. 520 (1979) Rights of accused persons being held in prison pending trial Cannon v. University of Chicago: 441 U.S. 677 (1979) Gender discrimination, implied cause of action: Greenholtz v. Inmates of the Nebraska Penal and ...
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Bankruptcy Code may refer to: Bankruptcy in Canada; Bankruptcy in China; Bankruptcy in the United States or Title 11 of the United States Code (aka the "Bankruptcy Code") Bankruptcy in the United Kingdom; Insolvency and Bankruptcy Code, an Act made by Parliament of India which governs law related to bankruptcy and insolvency.