Critical Case Comment

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

In re Rogers, 494 B.R. 664 (Bankr. E.D. N.C., July 8, 2013) (Leonard). A mortgage obligation treated in a debtors’ plan as current and paid directly by the debtors is nonetheless discharged pursuant to 11 U.S.C. 1328(a) and the mortgage creditor cannot pursue the deficiency that might have accrued when the debtors subsequently defaulted on their payments.

Case Summary

The debtors filed their Chapter 13 petition in November of 2008. At that time, the . . .

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