Brian Rookard -- and I assume this is our very own Brian Rookard -- has an article in the upcoming December/January issue of the ABI Journal (American Bankruptcy Institute), entitled "Limit Creditor Deficiency Claims to Help Secure the Debtor's Fresh Start."
Good article - it addresses the effect of section 506(a)(2) of the Bankruptcy Code on the determination of the value of collateral, and thus the amount of the resulting deficiency, in the case of an individual under chapter 7 or chapter 13 where the creditor forecloses on the property and sells it at auction for a price less than the creditor would have obtained had the creditor sold it for its replacement value, or retail value.
Brian Rookard article in ABI Journal
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Brian Rookard article in ABI Journal
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Re: Brian Rookard article in ABI Journal
Glad you liked it Famspear ... I'm working on getting a decision on this issue!