(First published here on August 19, 2019. Used with permission.) By Daniel Cohn, Esq., Legal Department, Wells Fargo Bank, N.A. General Rule: No Primary Residence Mortgage Changes The general rule in bankruptcy is that debtors cannot cram down loans secured only by mortgages on their primary residences. But wait, “what’s a cram down?” you ask. For non-bankruptcy folks, a cram...
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
A confirmed Chapter 13 plan can substitute for a filed proof of claim and can bind the trustee to making distributions in accordance with that plan when the order recognizes a claim as “allowed.”
Diruzzo v. Boyajian, 527 B.R. 800 (1st Cir. BAP, March 31, 2015) (Cary)
Case Summary
In August of 2008, the Diruzzos filed a Chapter 13 petition listing Pawtucket Credit Union as a general unsecured creditor in the amount of $75,641. They listed the . . .
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