The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
Critical Case Comment:In re Pena
Print This Article
Link to Post:
By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
In re Pena, 456 B.R. 451 (Bankr. E.D. Ca., Sept. 9, 2011) (Lee)
A secured creditor in a Chapter 13 case is not automatically entitled to recover unclaimed payments it was owed under a Chapter 13 plan by simply establishing its status as holder of the original proof of claim.
Case Summary
The Debtors’ Chapter 13 plan proposed to maintain payments and cure a default on a mortgage owed to BAC Home Loans Servicing (later Bank of America). Bank of . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations
Chapter 13 Trustee Duties, Powers, And Limitations – Part 7
To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”
From the Editor
How To Manage Incompetent, Unprepared, and Negligent Bankruptcy Counsel
From the Editor – Claims
“Jan Hamilton” – Need We Say More?
From the Editor – Claims
Claim Preclusion and the Opportunities for Mischief
IRS Extends April 15, Other Upcoming Deadlines for Alabama Storm Victims, Provides Other Tax Relief