Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

Jacobo v. BAC Home Loans Servicing, LP (In re Jacobo), 477 B.R. 533 (D. N.J. 2012)

Service of a Chapter 13 plan proposing a cram down or lien strip should be served under Bankruptcy Rule 7004, and service on an Insured Depository Institution requires “notice by certified mail addressed to an officer of the institution.”

Case Summary

The debtors’ Chapter 13 plan proposed a cram-down of Bank of America’s (“BOA”) lien on a second home.  The plan and notice of . . .

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