Critical Case Comment

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

Repeated failure of a mortgage servicer to comply with the disclosure requirements of Rule 3002.1 justifies the imposition of significant sanctions against the servicer. In re Nicholas and Amanda Gravel, et al, 556 B.R. 561 (Bankr. D. Vt. September 12, 2016) (Brown)

Case Summary

Judge Colleen Brown of the District of Vermont consolidated several actions brought by the Chapter 13 Trustee against PHH Mortgage Corporation. The Trustee asserted that PHH had repeatedly included in the debtors’ mortgage . . .

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By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division When the Supreme Court issued United Student Aid Funds, Inc. v. Espinosa1 on March 23, 2010, commentators were perplexed.2 On the one hand, the Court upheld the 9th Circuit’s ruling allowing a hardship discharge of student loans in a chapter 13 plan. The Court held that...

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