By Cathy Moran, Esq., (Redwood City, CA) When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says: Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck with me and...
From the Editor – Modification of Plan
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By The Honorable William Houston Brown (Retired)
Modification to vest surrendered property in mortgage creditor was denied. The plan had been confirmed with the debtor retaining a residence and a subsequent motion to modify to allow surrender of the property to the creditor was granted without objection. The debtor then abandoned the property and the creditor was maintaining it. The debtor then moved to further amend the confirmed plan to provide that the surrender vested the property in the creditor and that approval of the modification would constitute a deed of conveyance. A timely objection was . . .
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