By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org In the most recent opinion on the issue, as of this writing, the Court in In re Rivera, 2019 WL 1430273 (Bankr. D. Ariz. Mar. 28, 2019), in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
Covert v. LVNV Funding LLC, 2015 WL 877133 (4th Cir. March 3, 2015): Confirmation of a Chapter 13 plan constitutes a final order with res judicata effect, precluding litigation related to claims filed prior to confirmation.
Case Summary
In these consolidated cases, a number of debtors had filed Chapter 13 petitions in 2008. Each of their Chapter 13 plans had been confirmed and each had a number of claims filed by LVNV Funding, LLC (and others).
In March of 2013 . . .
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