Critical Case Comment

Sokoloski v. PNC Mortgage, 2014 WL 6473810 (E.D. Cal. Nov. 18, 2014) (Shubb)

Failure of a creditor to comply with the requirements of Rule 3002.1 can state a cause of action under a state’s Unfair Competition Law, common law claim for negligence, and a state Fair Debt Collection Practices Act.

Case Summary

Ron and Dale Sokoloski fell behind on their mortgage payments and filed a Chapter 13 bankruptcy, seeking to maintain the payments and cure the default. When the Sokoloskis began to make their payments in accordance with the plan, PNC filed a notice of . . .

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