by William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. The Senate Judiciary Committee held a hearing on August 3, 2021, on student loans, and during the Committee hearing, Senator Durbin, Chair of the Committee, stated that he would be introducing an Act to amend student loan discharge provisions in the Bankruptcy Code. That Act was subsequently introduced by...
CRITICAL CASE COMMENT: Dickson v Countrywide Home Loans
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
Dickson v Countrywide Home Loans, (Case 10-5580, 6th Cir, August 26, 2011) (Griffin)
Chapter 13 debtors have direct standing to void liens created by pre-petition default judgments which would impair the exemptions of such debtors.
Case Summary
In 1998, Nancy Dickson borrowed money from Countrywide, executing a promissory note and a mortgage on her real property. The mortgage stated that Countrywide had a lien against real property and “all improvements now or hereafter erected on . . .
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