(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 Standing Trustee for the Middle District of Tennessee (Nashville)
While it is possible for a Chapter 13 debtor to have two bankruptcy cases at the same time, a debtor is precluded from having two reorganization bankruptcy cases at the same time.
In re Sorenson, 575 B.R. 527 (Bankr. D. Colo. September 29, 2017) (Brown)
Case Summary
Craig Sorenson filed a Chapter 13 bankruptcy (after obtaining a Chapter 7 discharge and having an earlier Chapter 13 case dismissed) in 2013. That plan proposed . . .
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