Introduction In In re Village Apothecary, Inc.,1 the Sixth Circuit recently cut an attorney's fee by half, where the services were not successful. The panel held that the results obtained (or, actually, the lack of results) justified the dramatic reduction of the fees of attorneys for a Chapter 7 trustee. In Part 1, we looked at . . . It...
No Forced Vesting Over Creditor’s Objection, at Least Not in Massachusetts
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By Patricia M. Mayer, Esquire, Waterman & Mayer, LLP
Wells Fargo Bank, N.A. v. Sagendorph, _____WL_____, 2017 (D.Mass. Jan. 23, 2017)
The consumer debtor’s ongoing struggle to find a remedy for properties being surrendered but never foreclosed upon by mortgage lenders suffers another defeat. The June 2015 ruling by the Bankruptcy Court for the District of Massachusetts in the case of In re Sagendorph, which confirmed a debtor’s plan calling for the surrender of property to the secured lender pursuant to 11 U.S.C. §1325(a)(5), and subsequent vesting . . .
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