Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

In re Sacko, 394 B.R. 90 (Bankr. E.D. Pa, Sept. 17, 2008) (Frank)

A mortgage creditor may amend a claim filed on its behalf by a debtor pursuant to Rule 3004, F.R.B.P., even though the time has expired for the creditor to file a claim on its own behalf.

Case Summary

The debtor filed a Chapter 13 case in March 2007 seeking to cure a default on his mortgage, payable through Aurora Loan Services, and maintain the ongoing payments . . .

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