By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) "Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1 Introduction Section 105 When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts: The court may issue any order, process, or judgment that...
In re Euliano,2010 WL 4923649 (Bankr. D. Mass. November 29, 2010) (Boroff)
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Critical Case Comment
In re Euliano,
2010 WL 4923649 (Bankr. D. Mass. November 29, 2010) (Boroff)
While confirmation of a Chapter 13 plan is res judicata as to the treatment of a mortgage arrearage claim cured in the plan, the amount of the pre-petition arrearage is established by the proof of claim.
Summary of the Case
The Debtors’ Chapter 13 plan proposed to maintain payments on a mortgage obligation to . . .
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