Jack N. Zaharopoulos was appointed as the Chapter 13 Standing Trustee for the Middle District of Pennsylvania on May 1, 2021. He succeeded Charles DeHart after his retirement. After graduating from Marquette Law School in Milwaukee in 2002, Zaharopoulos worked at a general practice firm, doing debtor and creditor bankruptcy work, family law, and even some criminal cases. After gaining...
In re Rodriguez
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In re Rodriguez, 629 F.3d 136 (3rd Cir., Dec. 23, 2010) (Barry)
A mortgage servicer improperly adjusts an ongoing, post-petition mortgage payment when it effectively includes missed payments for a “cushion” in the monthly payment rather than including them in the pre-petition arrearage claim.
Case Summary
The interaction between a Chapter 13 plan seeking to “cure and maintain” a mortgage obligation pursuant to § 1322(b)(2) and the requirements of the Real Estate Settlement and Procedures Act (RESPA) have confounded servicers, debtors’ attorneys, trustees and judges. The Rodriguez . . .
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