Critical Case Comment – Campbell v. Countrywide Home Loans, Inc., 545 F.3d 348 (5th Cir. 2008)

Campbell v. Countrywide Home Loans, Inc., 545 F.3d 348 (5th Cir. 2008)

Escrow shortages which accrue prior to the filing of a Chapter 13 petition are part of the pre-petition “cure” claim and their recovery should not be effected by increasing the escrow portion of the ongoing “conduit” payments post-petition.

Summary of the Case

The debtors filed a Chapter 13 petition in April of 2006 seeking to cure a default on their mortgage they . . .

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