By William Houston Brown, Editor and Adviser, NACTT Academy for Consumer Bankruptcy Education, Inc. Several Official and Director’s Forms related to bankruptcy filings are revised and some are new, with some already taking effect on October 1, 2019, others to take effect December 1, 2019, and others taking effect February 19, 2020. Several forms have already been updated on April...
Critical Case Comment – AmeriQuest Mortgage Company v. Nosek (In re Nosek), 2008 WL 4445707 (1st Cir. October 3, 2008)
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AmeriQuest Mortgage Company v. Nosek (In re Nosek), 2008 WL 4445707 (1st Cir. October 3, 2008)
Section 105 cannot be utilized to “enforce” the provisions of § 1322(b)(2). Unless the statute or the plan imposes obligations on a party, it is inappropriate for the court to award damages for inappropriate behavior.
Summary of the Case
In the continuing saga of Jacalyn Nosek’s dispute with AmeriQuest Mortgage Company, the First Circuit considered whether substantial damages for . . .
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