Mortgage loan servicer violated mortgage agreement with debtor, the automatic stay, the confirmation order and Rule 3002.1 by applying debtor’s post-petition monthly mortgage payments pursuant to the contractual terms of the loan, thereby applying post-petition payments to the debtor’s pre-petition mortgage arrearage. (Cary) In re Pope, 647 B.R. 597 (Bankr. D. N.H. August 15, 2022) Case Summary In November of...
Can a Chapter 13 Debtor Have Standing to Pursue Avoidance Actions? A Path May Remain Open for Debtor’s Counsel
Print This Article
Link to Post:
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Bankruptcy practitioners know that every Chapter 7 or 13 case has a trustee appointed to administer the case. In Chapter 13, however, we also know that this is typically the standing trustee, who serves in all Chapter 13 cases before the court in a district.1 The trustee evaluates the case, potentially objecting to confirmation, but primarily serves as a disbursing agent, collecting payments from the debtor and making distributions to creditors. 11 U.S.C. § 1302(b). If there are liens or other transfers . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment – Pre to Pre and Post to Post
From the Editor
From the Editor – Lien Issues
Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure
While Chapter 7 Filings Continue to Decline, Chapter 13 Filings are Trending Slightly Upward
From the Editor – Attorney Sanctioned
From the Editor
I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case
Looking Beyond Taggart: Is the Contempt Standard for a Stay Violation the Same as for a Discharge Injunction Violation?
Critical Case Comment – Debtor Not Current But May Invoke CARES Remedies