By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) In order for a bankruptcy court to impose sanctions for contempt, Taggart compelsa finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1. (Jacobs) PHH Mortgage Corporation v. Sensenich, 6 F.4th 503 (2nd Cir. August 2,...
Critical Case Comment – In re Davis, 2008 WL 4935946 (Bankr. D. Md. November 12, 2008) (Keir)
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In re Davis, 2008 WL 4935946 (Bankr. D. Md. November 12, 2008) (Keir)
A secured creditor receiving adequate notice of the terms of a debtor’s plan proposing to pay zero percent interest is deemed to have accepted the plan when they do not raise an objection to confirmation.
Summary of the Case
The debtor proposed a Chapter 13 plan which listed three judgment creditors as having liens against the debtor’s property. The plan proposed to . . .
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