Critical Case Comments

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

In re Breit, 213 WL 1810745 (Bankr. N.D. Ind. March 27, 2013) (Dees)

In order to properly submit a mortgage pre-petition arrearage claim, the claim may include taxes and insurance advanced by the mortgagee, unpaid principal and interest due as of the petition date, unpaid fees, costs and attorney’s fees, and the amount that should have been in the escrow account to fund future taxes and insurance.

Case Summary

The Breits filed a Chapter 13 petition in an effort to cure . . .

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