From the Editor’s Desk – Eligibility • NACTT Academy

From the Editor’s Desk – Eligibility

By The Honorable William Houston Brown (Retired)

Mortgage servicer had standing to contest eligibility. Status as a mortgage servicer gave the servicer a pecuniary interest and standing to move to dismiss the case and present proof on eligibility. The debtor contended that the debt on his real property was disputed and unliquidated, but the court held that the debtor’s obligations were sufficiently determinable to constitute liquidated debt. The court cited In re Adams, 373 B.R. 116 (BAP 10th Cir. 2007), for the key factor in determining whether a debt is liquidated or . . .

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Lawyers are People Too: An Interview with Aki Koyama, Staff Attorney to Chapter 13 Standing Trustee Kathy Dockery

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By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee (Charlottesville, VA) In Hurlburt v. Black,1 the en banc Fourth Circuit Court of Appeals overturned its prior decision in Witt,2 and held that Bankruptcy Code § 1322(c)(2) authorizes modification of some home mortgage loans through bifurcation and cram down. This enables debtors to cram down home mortgage...

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From their spring edition of The Quarterly our friends at NACTT have shared a timely piece from creditor attorney Thomas Humphries. _____________________ Thomas Humphries is an attorney with the firm of Sirote & Permutt, PC in Birmingham Alabama. Thomas represents the mortgage banking industry and various creditors in bankruptcy proceedings throughout the State of Alabama. Thomas’s practice includes the defense...

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From the Editor – Claims

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