By Nicholas Miller, Third-Year Student, University of Texas School of Law, and Madison Haueisen, Second-Year Student, University of Texas School of Law The second issue at hand in this year’s Duberstein moot court problem involves a matter of statutory interpretation—specifically, whether §503(b) of the Bankruptcy Code allows a creditor to recover costs and expenses incurred in making a substantial contribution...
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Sokoloski v. PNC Mortgage, 2014 WL 6473810 (E.D. Cal. Nov. 18, 2014) (Shubb)
Failure of a creditor to comply with the requirements of Rule 3002.1 can state a cause of action under a state’s Unfair Competition Law, common law claim for negligence, and a state Fair Debt Collection Practices Act.
Case Summary
Ron and Dale Sokoloski fell behind on their mortgage payments and filed a Chapter 13 bankruptcy, seeking to maintain the payments and cure the default. When the Sokoloskis began to make their payments in accordance with the plan, PNC filed a notice of . . .
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