Critical Case Comment

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

In re Thongta, 2012 WL 5050669 (Bankr. E.D. Wis., Oct 18, 2012) (Kelley)

If stay relief is granted to a mortgage claimholder and the mortgage claimholder withdraws its claim, Rule 3002.1 no longer applies.

Case Summary

Michael Thongta filed a Chapter 13 petition in March 2007, seeking to cure a default and maintain payments on a mortgage held by Homecomings Financial, a mortgage that was subsequently transferred to U.S. Bank. The debtor defaulted on his post-petition mortgage payments . . .

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