Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...
Critical Case Comment – In re Vining, 2008 WL 2073966 (Bankr. N.D. N.Y. May 14, 2008)
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In re Vining, 2008 WL 2073966 (Bankr. N.D. N.Y. May 14, 2008)
The disposable income test mandates distributions of a minimum amount to unsecured creditors each month of a Chapter 13 Plan.
Summary of the Case
An unsecured creditor and the Chapter 13 trustee objected to confirmation of the debtor's proposed Chapter 13 plan, arguing that the debtor was not paying all projected disposable income over the applicable commitment period. Although the original objection . . .
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