Dear Readers: There are some basic truths. One is that when someone says, “hey, watch this!,” the result is likely to involve blood or stitches. Another is that, when an author describes something with the leadoff word, “interestingly,” it often isn’t. And a third is that one shouldn’t mislead bankruptcy judges. In two wonderfully written cases, bankruptcy judges made this...
Critical Case Comment – In re Zimmerli v. Ocwen Loan Servicing LLC, 2010 WL 268093 (Bankr. N.D. Tex. June 22, 2010) (Hale)
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In re Zimmerli v. Ocwen Loan Servicing LLC, 2010 WL 268093 (Bankr. N.D. Tex. June 22, 2010) (Hale)
Whether an arbitration clause is to be enforced by a bankruptcy court depends upon whether arbitration would jeopardize the objectives of the Bankruptcy Code.
Summary of the Case
When the debtors filed their Chapter 13 plan, Household Bank held the mortgage on their home. This mortgage was subsequently transferred to Fairbanks Capital Bank and then transferred to Ocwen . . .
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