By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Exemptions in consumer cases have always presented difficult problems for practitioners and trustees. In a bow to states’ rights, the Bankruptcy Act of 1898 deferred to exemptions created by state law. When BAPCPA was enacted in 2005, Congress continued the practice of allowing each state to “opt out” of...
Critical Case Comment: Miller v. Deutsche Bank National Trust Company
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN
Miller v. Deutsche Bank National Trust Company, 2012 WL 286865 (10th Cir, Feb. 1, 2012) (Portfilio)
A creditor, seeking relief from the automatic stay, must establish its right to enforce the underlying note and where that note is endorsed in blank, the creditor generally must produce the original Note; the Rooker-FeldmanDoctrine does not preclude a debtor from challenging the standing of the creditor when that creditor obtained a judgment of foreclosure in state court.
Case Summary
The Millers had executed . . .
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