Win Now, Wreck Later: A Tale of Bankruptcy and Mortgage Servicing

By Cathy Moran, Esq. (Redwood City, CA)

My Google Alert popped up a lovely win for a Chapter 13 homeowner, but all I could see was the train wreck that lies ahead.

The bankruptcy court ruled that the confirmed (and completed) plan trumped a late-filed mortgage proof of claim.

Payment of the amount provided in the plan cured the prepetition arrearage.

As a debtor attorney, I’m on board so far.

But I doubt . . .

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