Author Archives: jgithuku

Cramdown of Loans Secured by Personal Residence in Chapter 13

Maryland is in the 4th Circuit, which recently overruled a decades-old precedent and now recognizes that debtors can cramdown mortgages secured by a personal residence. The plain text of 11 U.S.C.S. § 1322(c)(2) authorizes modification of such claims, not just the payment schedule for such claims, including through bifurcation and cram-down. Accordingly, the Fourth Circuit overrules its […]