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January 2012 Archives

US Supreme Court Holds That Law Enforcement Need A Warrant Before GPS Tracking Can Be Used

Electronic-Discovery-and-the-Fourth-Amendment-thumb-275x182-34535.jpgIn US vs. Jones, the US Supreme Court was asked to decide whether the attachment of a Global Positioning-System (GPS) tracking device to an individual's vehicle, and subsequent use of that device to monitor the vehicle's movements on public streets, constitutes a search or seizure within the meaning of the Fourth Amendment.

Mortgage Cramdown In A Chapter 13 Bankruptcy?

Cramdown.jpgIt is well established that the holder of a first mortgage can't modify the terms of the loan if the loan is on his primary residence. However, what if the mortgage is on a rental property which is not the debtor's primary residence, can the terms of the first mortgage be modified? Yes in a Chapter 13 bankruptcy, subject to strict rules.

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