Fulton’s Aftermath – What Do Chapter 13 Practitioners Need To Know?

By Nathan E. Curtis and Peter Francis Geraci, Geraci Law L.L.C.

Debtors who are not current on mortgage or vehicle payments may file for Chapter 13 relief and propose to cure arrears, and force creditors to accept future payments. Mortgage creditors must give multiple notices before taking real estate away from a debtor, but vehicle creditors are allowed to repossess vehicles by towing them away, often with no notice, in the dead of night. “Self-help” repossession is embedded in state court law. It is undoubtedly a horrible feeling to come outside from your home or . . .

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