Bankruptcy – 1997 decision on homestead bifurcation overruled (access required)

The 4th Circuit, sitting en banc, holds that a Chapter 13 plan may bifurcate a claim based on an undersecured homestead mortgage into secured and unsecured components and cram down the unsecured component, overruling a 1997 decision that had been widely criticized. Background In this bankruptcy case, we are asked to overrule a 22-year-old decision of this ...

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South Carolina Lawyers Weekly

Bankruptcy – 1997 decision on homestead bifurcation overruled

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