Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)

Where a mortgage servicer ignores various motions seeking to treat its claim as unsecured, the servicer is precluded from challenging that holding at the end of a Chapter 13 case. In re Iliceto, 2015 WL 8785053 (Bankr. S.D. Fla. December 11, 2015) (Kimball)

Case Summary

U. S. Bank Home Mortgage held a mortgage on Mr. Iliceto’s home and was pursuing foreclosure when he filed a Chapter 13 petition in March of 2013. Shortly thereafter, U.S. Bank transferred its . . .

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