Critical Case Comment: Miller v Deutsche Bank National Trust Company

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN

Miller v Deutsche Bank National Trust Company, 2012 WL 286865 (10th Cir, Feb. 1, 2012) (Porfilio)

In order to be a party in interest with standing to pursue a motion for relief from the automatic stay, a mortgagee must establish that it is a creditor with a right to payment from the debtors and, where that right derives from a note endorsed in blank, the creditor must have physical possession of the note to proceed.

Case Summary

The Millers borrowed $216,236, secured . . .

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Director’s Awards Recognize 19 Employees for Leadership, Service

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the debtors failed to meet the high threshold to establish excusable neglect to permit their claim filed on behalf of a creditor after the bar date to be allowed, where a Chapter 13 case is dismissed and then reinstated prior to the expiration of the bar date, the...

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