By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Introduction In the prior articles (i.e., Escrow 101 Part 1, Escrow 101 Part 2, and Escrow 101 Part 3), I outlined the proper steps in conducting an escrow analysis, as well as some of the mortgage servicer’s obligations and options for having a borrower cure an escrow shortage...
Who Wins: A Chapter 13 Trustee or an Unrecorded Divorce Decree?
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By Kara West, Staff Attorney for C. Kenneth Still, Standing Chapter 13 Trustee for the Southern Division of the Eastern District of Tennessee (Chattanooga)
It seemed so simple at first. But soon I was headed down the rabbit hole and only a spirit board and strong pot of coffee could guide me back. The issue arose at confirmation on a Trustee’s objection to confirmation. Was the debtor paying as much to the unsecured creditors in her chapter 13 plan as such creditors would receive in a hypothetical chapter 7 liquidation?
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