Critical Case Comment – AmeriQuest Mortgage Company v. Nosek (In re Nosek), 2008 WL 4445707 (1st Cir. October 3, 2008)

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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