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13 Mar 2008, 8:46 pm
Some creditors have continued to demand higher interest rates and have argued that BAPCPA had some way abrogated the Supreme Court's decision in Till v SCS Credit Corp., 541 U.S. 465 (2004) given the anti-cramdown provision in the new Bankruptcy Code. [read post]
31 Mar 2007, 6:40 pm
SCS Credit Corp., infra. [read post]
3 Apr 2006, 8:31 am
SCS Credit Corp., and thus do not preclude a debtor from altering the interest rate to be applied to such a claim.While some courts are ending up on the same page, the Carver decision demonstrates that the language of 1325(a)(*) will vex courts and litigants as they struggle to give effect to both the language Congress has chosen and the intent it has expressed. [read post]
3 Apr 2006, 8:31 am
SCS Credit Corp., and thus do not preclude a debtor from altering the interest rate to be applied to such a claim.While some courts are ending up on the same page, the Carver decision demonstrates that the language of 1325(a)(*) will vex courts and litigants as they struggle to give effect to both the language Congress has chosen and the intent it has expressed. [read post]
1 Mar 2006, 2:33 pm
SCS Credit Corp., 541 U.S. 465 (2004) that debtors can modify the interest rates that secured creditors are to receive in a Chapter 13 case under 11 U.S.C. 1322(b)(2). [read post]
1 Mar 2006, 2:33 pm
SCS Credit Corp., 541 U.S. 465 (2004) that debtors can modify the interest rates that secured creditors are to receive in a Chapter 13 case under 11 U.S.C. 1322(b)(2). [read post]