Recently, I had the pleasure of a great conversation with Chapter 13 Trustee, Thomas McDonald, from the EDMI. As it turns out, we have both been pilots for a long time. Once we came to this realization, our conversation quickly devolved from the issues confronting the bankruptcy industry to talk of density altitude, mountain flying, and the importance of using...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee. (Aron) In re Bivens vs. NewRez LLC (In re Bivens), 625 B.R. 843 (Bankr. M.D. N.C., March 25, 2021)
Case Summary
On July 31, 2014, Wendy Bivins filed a Chapter 13 petition seeking to maintain payments and cure defaults on her home mortgage. CitiMortgage, then her mortgage servicer, filed a proof of claim indicating . . .
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