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News & Insights

"Fifth Circuit Limits Chapter 13 Cramdown Rights," Jones Walker LLP Banking & Financial Services Newsletter

By Chad J. Hammons

Newsletter

January 28, 2021

The Fifth Circuit Court of Appeals recently issued a favorable decision for lenders regarding how consumer loans are treated in Chapter 13 bankruptcies. Specifically, the decision alters how borrowers can avail themselves of Chapter 13’s “cramdown” provisions, which allow debtors to adjust debts on personal property by paying the value of an item at an adjusted interest rate, rather than the loan balance at the contract rate. Continue reading >

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    Chad J. Hammons
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