By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Official Form 410A1 On December 1, 2015, Official Form 410A (herein, “Form 410A” or “the Form”) became effective. This attachment to the proof of claim is only required if the loan is secured by the debtor’s principal residence. In addition to a breakdown of the arrears to be...
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 debtors do not have standing to bring an action to set aside a transfer under §§ 544, 547 or 548 because only the trustee has been given that standing; a trustee cannot be compelled to be an involuntary plaintiff to cure this defect. In re Cole, 2017 WL 61916 (W.D. N.C. January 5, 2017) (Beyer)
Case Summary
Elizabeth Cole and Vincent Lineburger were married and Ms. Cole filed a Chapter 13 petition after their home . . .
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