Appendix A 1994 Revised Text of 11 U.S.C. § 330(a), with 2005's Minor Changes Highlighted(1994 version highlighted to show additions and deletions in 2005) (a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed...
Lien Strip Poker – Do Mortgage Companies Have a New Ace Up Their Sleeve?
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By John Gustafson
Standing Chapter 13 Trustee
Northern District of Ohio, Western Division (Toledo)
Recent decisions on the ability to remove wholly unsecured mortgages where the debtor is not eligible for a discharge appears to have produced a new “majority rule” in favor of allowing stripping. See e.g., Branigan v. Davis (In re Davis), 2013 U.S. App. LEXIS 9535, 2013 WL 1926407 (4th Cir. Mary 10, 2013); In re Wong, 488 B.R. 537 (Bankr. E.D.N.Y. 2013).
While eligibility for a discharge may not be a prerequisite for lien . . .
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