In re Roderick

CRITICAL CASE COMMENT

In re Roderick, 425 B.R. 556 (Bankr. E.D. Ca. March 8, 2010) (Klein)

The Court may utilize the provisions of Rule 4004(c)(2) to defer the entry of a discharge to provide a Chapter 7 debtor an opportunity to negotiate a mortgage modification.

Case Summary

It is not unusual for a borrower, seeking to modify a mortgage with a mortgage servicer, to file a Chapter 7 bankruptcy to discharge unsecured debts, hoping that the modification will be finished before the Chapter 7 case is over. Unfortunately . . .

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