In the case of In re Ilyev, 17-12987-KHK (Bankr. E.D. VA July 26, 2022), Judge Kenney granted the Chapter 13 Trustee’s motion to modify the plan to require the Debtor to repay some of the $29,250 of disposable income he retained by not making his mortgage payments during an 18-month Covid forbearance. The Debtor never disclosed to the Trustee, or...
Critical Case Comment – In re Kemp, 2010 WL 4777625 (Bankr. D. N.J. November 16, 2010) (Wizmur)
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In re Kemp, 2010 WL 4777625 (Bankr. D. N.J. November 16, 2010) (Wizmur)(published at ConsiderChapter13.org 12/29/10)
A claim filed by a mortgage servicer would be disallowed when that creditor did not have possession of the note and the note was not endorsed to the creditor at the time the claim was filed.
Summary of the Case
The Debtor signed mortgage documents in May of 2006 which included an interest only adjustable rate . . .
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