By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...
How Effective is Your Agreed Order on a Chapter 13 Motion for Relief from Stay?
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Rachel L. Steinlage serves as law clerk for Judge Pat. E. Morgenstern-Clarren (N.D. Ohio).1
When debtors file chapter 13 cases, they are often in default of payments on the mortgage note secured by their primary residence, or default post-petition. In that situation, debtors usually enter into an agreed order with their lender in an effort to resolve the default. In most of these agreed orders, the debtor acknowledges that a post-petition default under . . .
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