By Michael McCormick, Senior Partner, McCalla Raymer Leibert Pierce, LLC (Roswell, GA) H.R. 748, also known as the CARES Act (herein, “the Act”), was enacted into law on March 27, 2020. The Act is meant to address the economic fallout of the Coronavirus pandemic. The Act contains numerous consumer protections, including several pertaining to residential mortgages. Relief from Foreclosure Section...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
A claim that is not timely filed cannot be an allowed claim and a trustee is precluded from making any distribution to the claim even where no application to disallow the claim has been filed. (Dees) Matthew and Amber Benner, Case No. 15-31477 HCD (Bankr. N.D. Ind., July 18, 2018)
Case Summary
The Benners fell behind on their mortgage and filed a Chapter 13, proposing to cure and maintain the mortgage serviced by Seterus. In the South Bend Division of the Northern District of Indiana, the . . .
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