By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) One of the most important issues in serving your Chapter 13 Plans, Motions to Modify, Motions to Incur, Fee Applications, and other necessary documents served or noticed under the bankruptcy rules is using the most recent Master Mailing List (“MML”) from the Court. Your Court Clerk maintains and updates, on a regular...
Critical Case Comment – In re Marks v. Braunstein, 2010 WL 3622111 (D. Ct. Mass. September 14, 2010) (Gorton)
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In re Marks v. Braunstein, 2010 WL 3622111 (D. Ct. Mass. September 14, 2010) (Gorton)
Failure of a creditor to demonstrate possession of a note precludes enforcement of the mortgage securing that note.
Summary of the Case
The debtor’s Chapter 13 case was converted to a Chapter 7 and the Chapter 7 trustee sold the debtor’s condominium. At a public auction, Stuart Marks, the debtor’s brother, who was assignee of a Note and the . . .
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