By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Other than a recluse without any information of current events, we have been made fully aware of the fact that Congress was fashioning a second stimulus/COVID relief bill. The result is the Consolidated Appropriations Act, 2021; a massive bill with more than 5,300 pages governing a huge expanse of appropriations,...
Critical Case Comment – Discharged Junior in 7 Survives in 13
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
While in personam liability of a junior mortgage on the debtor’s residence is discharged by a Chapter 7, the lien survives and constitutes an allowed unsecured claim in the debtor’s subsequent Chapter 13 case. In re Hopper, 2021 WL 3435445 (Bankr. E.D. N.Y. Aug. 5, 2021) (Grossman)
Case Summary
Donna Hopper and her husband received a Chapter 7 discharge in early 2009. Nearly twelve years later, in January of 2021, the debtor individually filed . . .
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