Where a stipulation of a settlement of an objection to confirmation provided that a creditor’s claim would be “excepted from discharge pursuant to 11 U.S.C. § 523(a)(6)”, the stipulation would not prevent the discharge of the claim based upon a breach of fiduciary duty, tortious interference with business relations, unfair competition, defamation, and conversion which resulted in a state jury...
Critical Case Comment: In re Sheppard
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN
In re Sheppard, 2012 WL 1344112 (Bank. E.D. Va., Apr. 18, 2012) (Huennekens)
A mortgage creditor is not obligated to include in the 3002.1 notice of additional fees and expenses those fees and costs which have previously been disclosed to and awarded by the Court.
Case Summary
The debtors filed their Chapter 13 petition in June 2010, proposing to maintain payments on the mortgage which they proposed to pay directly “outside the plan.” During the year following confirmation, the debtors . . .
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