By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) One of the most important issues in serving your Chapter 13 Plans, Motions to Modify, Motions to Incur, Fee Applications, and other necessary documents served or noticed under the bankruptcy rules is using the most recent Master Mailing List (“MML”) from the Court. Your Court Clerk maintains and updates, on a regular...
From the Editor – Classification and Cure of Defaults
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By The Honorable William Houston Brown (Retired)
Debtor’s right to cure is governed by § 1322(b) rather than § 108(b). The debtors had entered into a land contract, which contained a provision that on default of payments for thirty days, the entire balance was due on written notice from the seller. The debtors failed to make a prepetition balloon payment, and the sellers obtained a strict foreclosure judgment, which established a redemption period (Under applicable Wisconsin law, the strict foreclosure judgment was not a “sale.”). The Chapter 13 case was filed and the proposed plan . . .
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