December 1 Approaches (Again): Home Equity Lenders Get a Break and Other Changes to Rule 3002.1

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

Background

Most Academy readers know that the Code1 permits a Chapter 13 debtor to cure a default and maintain payments of a home mortgage. Since 2011, Rule 3002.1 has complemented the Code with significant deadlines on a creditor secured by a home mortgage and evidentiary penalties and other sanctions for violation of those requirements. Rule 3002.1 was tweaked in 2016 and now is to be amended again on December 1, absent contrary Congressional action.

Consumers have . . .

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