If A Purpose Would Be Served: The Trustee’s Role In Objecting To Claims

By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee, Craig Shopneck, Cleveland, Ohio

Section 1302 of the Bankruptcy Code says that the Trustee shall object to “improper” proofs of claim, “if a purpose would be served.” But how can the Trustee make the determination that a proof of claim is improper? And when would objecting to a proof of claim serve a purpose? The answers to these questions go hand in hand when deciding whether or not to object to a proof of claim.

Absent the cooperation of the debtor, the Trustee can only determine . . .

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Escrow 101 and 102

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In the fall of 2021, Michael McCormick provided subscribers with an EXCELLENT, expository, seven-part outline on mortgage escrow. This information is just as relevant today as when we first published it with one important update . . . When the next escrow analysis is performed and the servicer has received less than 12 payments of escrow (and often zero, as is often the case after the borrower received a forbearance during the COVID pandemic), the escrow balance will be far less than anticipated!!

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Henry E. Hildebrand, III

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Members of the Armed Forces Are Entitled to Certain Tax Benefits

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Members of the military and their families often qualify for special tax benefits. For example, members of the armed forces don’t have to pay taxes on some types of income. In addition, special rules could lower the tax they owe or allow them more time to file and pay their federal taxes. Here are some of these special tax benefits:...

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