Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

Where a mortgage servicer fails to provide a detailed accounting when it disputes a trustee’s notice of final cure payment and fails to provide a timely response to the notice, the failure of the mortgage servicer’s counsel to comply with the deadlines set by the court justifies an award of attorney’s fees and an order precluding the introduction of any contrary information in the bankruptcy case or any subsequent case; the mortgage servicer was precluded from introducing any evidence that the mortgage obligation was not . . .

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Critical Case Comment – What Does a Tax Return Really Tell Us??

Henry E. Hildebrand, III

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Chapter 13 debtor has no obligation to voluntarily disclose changes in income or the acquisition of post-petition assets absent a request from a party in interest for such information. (Kendig) In re Poe, 2022 WL 3639415, (Bankr. N.D. Ohio August 22, 2022) Case Summary Mr. Poe filed a Chapter 13 petition in March of 2019. At the time of filing,...

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As a professional in an occupation that may often interface with people handling life disruptions (e.g., divorce/separation, unemployment, mortgage foreclosure) you are being asked to participate in a study being conducted by the University of Southern California.

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