By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA) Part I: Derby v. Portfolio Recovery Associates Recently, Hon. Keith L. Phillips of the Eastern District of Virginia Bankruptcy Court issued his fourth and final written opinion in the Derby v. Portfolio Recovery Associates adversary proceeding, Adv. Pro. No. 18-03097-KLP, 2020 Bankr. LEXIS 2589 (Bankr. E.D.Va....
From the Editor
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Confirmation Effect: Creditor bound by plan modifying mortgage. The confirmed and modified, now completed, plan contained language modifying the home mortgage, a provision impermissible under § 1322(b)(2); nevertheless, the creditor withdrew its objection to the plan, and the creditor was bound by the confirmed plan’s terms. The plan provided for full payment of the mortgage, in a specified amount, over the life of the plan, and the debtor expected plan completion to satisfy the mortgage in full. The claim was “provided for in . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
TFS Bill Pay Announces New Attorney Report Center
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Critical Case Comment
Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility
From the Editor
Annulment of the Automatic Stay: A Concept Whose Time Has Come – And Gone
From the Editor – Dismissal
Representing Elderly Clients in Bankruptcy – Part 1 of 3
Critical Case Comment – Five Theories of Post-Confirmation Property Treatment
Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases