By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction This series has focused on the four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019. One bill, the Small Business Reorganization Act of 2019 (SBRA), became effective February 19, 2020. It appears in its entirety in Appendix B to this...
Critical Case Comment:In re Carr
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
In re Carr, 2012 WL 930337 (Bank. E.D. Va., Mar. 19, 2012) (Mayer)
A fee allegedly incurred by a mortgage servicer in responding to a Trustee’s notice of final cure pursuant to Rule 3002.1 was unreasonable and would not be allowed.
Case Summary
The debtor’s Chapter 13 plan was confirmed in December 2006 proposing to cure a mortgage default. At the end of the case, the Chapter 13 trustee filed a notice of final cure payment and the . . .
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