By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Exemptions in consumer cases have always presented difficult problems for practitioners and trustees. In a bow to states’ rights, the Bankruptcy Act of 1898 deferred to exemptions created by state law. When BAPCPA was enacted in 2005, Congress continued the practice of allowing each state to “opt out” of...
CRITICAL CASE COMMENT:In re Veal
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By Hank Hildebrand
In re Veal, 2011 WL 2304200 (9th Cir BAP, June 10, 2011) (Markell, Kirscher, Jury)
An entity filing a proof of claim secured by a mortgage must establish requisite standing to pursue the proof of claim under both a prudential standing rule and Rule 7017; an entity seeking relief from the automatic stay must demonstrate that they are the true party in interest.
Case Summary
In August 2006, Howard and Shelli Veal executed a note payable to GSF Mortgage Corporation. This note was secured by their residence and the . . .
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