11th Circuit Agrees, Home Surrender is Permanent
Failla v. Citibank, N.A. (In re Failla), 838 F.3rd 1170 (11th Cir. 2016) The 11th Circuit has agreed that once a debtor makes the election to surrender their home on the statement of intention in the petition they cannot then turn around and “undo” the surrender and oppose a foreclosure in state court. The court went so far […]
Small Business Bankruptcy Filings Increase
Small business owners filed 2326 cases under Chapter 13 which represented an increase of 10% from 2015. Thus, closely held businesses, and dba’s that qualified to file chapter 13, mirrored somewhat the Chapter 11 business filings (up 2% at 7,450), and represented the only significant increase in bankruptcy filings for 2016 according to the judicial […]
