Impact of Loan Modifications On A Chapter 13 Case: A Trustee’s Perspective

By Marie-Ann Greenberg, Chapter 13 Trustee District of New Jersey (Fairfield)

Having already discussed the ethical obligations of reviewing motions to approve loan modifications, we now move along to the impact that a loan modification has on a Ch. 13 case. Loan modifications clearly have a great impact on Ch. 13 cases from the perspective of all of the players, as well as impacting the case in terms of timing.

A loan modification can be incorporated as one of the terms of a proposed plan or order of confirmation. Some may deem this to be speculative. However . . .

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Critical Case Comment – Pre to Pre and Post to Post

Henry E. Hildebrand, III

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Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...

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IRS Issues Standard Mileage Rates For 2019

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By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama What are the statutory duties of the standing chapter 13 trustee? Bankruptcy Code §§ 1302 and 704 provide the statutory framework for the trustee’s duties, and provide as follows: 11 U.S.C. § 1302. Trustee (a) If the United States trustee appoints an individual under section 586(b) of...

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By Jan Hamilton, Chapter 13 Standing Trustee (Topeka, KS) Click here for Part One Click here for Part Two What needs to be in a plan filed in a case under the SBRA? Start with the statute…1 A. Contents of Plan2 Comparison of “Contents . . . It looks like you are not signed in or registered! This content is...

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Money For Nothing

Pam Bassel

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It is appropriate that the title of this article is based on the lyrics from Dire Straits’ biggest hit, since that is where many below-median debtors find themselves – in dire straits.

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