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 . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
No Author Biography has been linked to this Article.
By The Honorable William Houston Brown (Retired) Failure to pay postpetition fees under Rule 3002.1 did not prevent discharge. The debtor had completed payments to the trustee and postpetition mortgage payments to the creditor, but she had not paid $1,370 in postpetition fees that had been asserted by the mortgage creditor and noticed to the debtor under Rule 3002.1. That...
Dear Readers: Want to know why your 1L Civ Pro course is your best friend when it comes to “undue hardship” cases? Because burdens of proof matter. (They matter in other cases, too, but I’m in love with the case of Love v. U.S. Dept. of Education (In re Love), Case No. 19-20532-C-7, United States Bankruptcy Court for the Eastern...
Is there a duty to inform the trustee about changes post-plan confirmation? Yes. There is an inherent duty for the consumer debtor to update the trustee on any and all material changes, particularly windfalls, post plan confirmation. In a very recent case, In Re Robinson, the United States Trustee moved to dismiss debtor’s chapter 13 case because the debtor received...
NCLC’s Executive Director Rich Dubois and NAACP President and CEO Derrick Johnson are calling on Congress and federal regulators to take action to prevent an impending foreclosure crisis in communities of color, in an opinion editorial published yesterday in The Hill. The op-ed highlights how the cumulative impact of decades of housing policy discrimination on African American homeownership, coupled with...
Tiffany M. Cornejo was appointed as the Chapter 13 Standing Trustee for the District of New Mexico on December 1, 2017. She took the reins from retiring Kelley Skehen. Ms. Cornejo received her Bachelor of Science in Journalism (B.S.J.) degree at the University of Kansas in Lawrence in 2002 and remained there to obtain her Juris Doctor in 2005. She...
Although she steps into very large shoes, Julie Philippi is a welcome addition to the Chapter 13 Trustee fraternity. Ms. Philippi was appointed as the Chapter 13 Standing Trustee for the Western District of New York on January 1, 2020. Those large shoes were left by retiring NACTT icon, Albert Mogavero. “Al” served as Standing Trustee for 42 years (yep,...
By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division) 1. Background & Purpose of Means Test One of the most significant changes introduced BAPCPA is the requirement of a means test to determine whether a debtor qualifies for Chapter 7 relief or, if not, how much a debtor must...
By Laila S. Gonzalez, Esq. One thing everyone can agree on is that student loan debt is increasing on an annual basis. Studies have shown than people with high student loan debt wait years longer to buy a home and start a family. Several suggestions have been made as to how to resolve the problem. One suggestion is to eliminate...
____________________________ Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and...
By The Honorable William Houston Brown (Retired) Failure to include creditor on matrix not grounds to extend time for proof of claim. The Chapter 13 debtor had timely filed her list of creditors, pursuant to Rule 1007(a), but she failed to include a creditor either on that list or in the schedules, resulting in the creditor not receiving notice of...
Critical Case Comment
Print This Article
Link to Post:
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 . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
From the Editor – Discharge
Ask Ms. Ps and Qs
Duty to Update Trustee Regarding Changes Post-Plan Confirmation
Leaders Must Take Action to Halt Foreclosure Crisis for Minorities
Meet A Newish Trustee
Meet the Newest Trustee
Making Sense of the Means Test
Possible Solution for Student Loans?
Per Capita Bankruptcy Filings Heat Map
From the Editor – Claims