A Study of Creditor Responses To Notice of Mortgage Cure Under Bankruptcy Rule 3002.1

By Amrane Cohen, Chapter 13 Standing Trustee for the Santa Ana Division of the Central District in California

Treatment of on-going mortgage payments in chapter 13 cases is not consistent across the country. Certain trustees make all on-going mortgage payments that accrue during the case and charge a fee on the payments received from debtors. A few trustees make the on-going mortgage payments and charge no fee on the payments received. And finally, some trustee make only occasional on-going payments with the overwhelming majority of the payments ordered to be made directly by the . . .

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