From the Editor – Lien Modification

By The Honorable William Houston Brown (Retired)

Junior mortgage lienholder not affected by modifications of senior mortgage. Under Pennsylvania law, the prepetition modification of terms of the senior mortgage had recapitalized interest and costs already owed but had not created new liabilities. As a result, the junior mortgage holder was not materially prejudiced. The Chapter 13 debtors could avoid the wholly unsecured junior mortgage lien, with that creditor’s claim allowed as unsecured. In re Fraction, __________B.R._________, 2020 WL 6821059 (Bankr. E.D. Pa. Nov. 19, 2020).

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The Academy

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Where a confirmation order of a debtor’s Chapter 12 plan specifically provided for payments to a creditor and the Chapter 12 trustee had supported confirmation of the plan, the trustee would be precluded from seeking to disallow a late-filed claim. Following the plan, the...

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Debbie Langehennig

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