The Case for Conduit Mortgage Payments

Max Gardner’s Top Ten Reasons

The late Waylon Jennings had a hit song years ago called “Sick and Tired of Getting Up Sick and Tired.” The song related to the chronic consumption of alcohol but the analogy to the need for a mandatory rule for mortgage payments through the Chapter 13 Trustee is not that far-fetched. As a debtor’s attorney who has learned through torture, pain and error how to read the Da Vinci Code produced by mortgage servicers, and as a lawyer who has spent countless hours reviewing postal receipts, personal . . .

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O. Max Gardner, III

Attorney

O. Max Gardner, III, currently limits his practice to consumer bankruptcy cases and all consumer claims arising with respect to those cases. He has been widely recognized as the leading consumer attorney in America on “predatory mortgage servicing” in Chapter 13 bankruptcy cases. The National Association of Consumer Bankruptcy Lawyers (NACBA) recognized Mr. Gardner as a Champion of Consumer Rights in 2003; named him the Outstanding Consumer Lawyer of 2004 and awarded him The Distinguished Service Award in April of 2013. Gardner has been elected five times as a member of the “Legal Elite” of North Carolina lawyers by his fellow attorneys in a state-wide poll conducted by Business North Carolina magazine. He is the only consumer lawyer who has been named as a North Carolina “Super Lawyer” in the field of consumer law for five consecutive years by Law & Politics and the Charlotte Magazine. Mr. Gardner was named a Top Lawyer in N.C. in 2013 by The Legal Network. Gardner has received the AV Preeminent Award from Martindale Hubbell for the past 22 years, the highest ethical rating for lawyers. He is a long-time member of NACBA and the National Association of Consumer Advocates (NACA) and a frequent national speaker on bankruptcy law, mortgage servicer abuses, and consumer representation. Gardner has also trained thousands of consumer lawyers and legal professionals since 2005, and is the Chief Executive Officer of Max Gardner’s Consumer Defense Academy (pka Max Gardner’s Bankruptcy Boot Camps). Gardner is also “Of Counsel” to the Dallas, Texas firm of Kellett and Bartholow. The firm focuses on major cases against mortgage servicers in consumer bankruptcy cases and on discharge violations by original creditors and the debt-buying industry.

The NCBJ Is Turning 100

The Honorable Deborah L. Thorne, The Honorable Kathy A. Surratt-States

April 21, 2024

Judge Deborah Thorne, NDIL, and Judge Kathy Surratt-States, EDMO, on behalf of the NCBJ’s DEI Committee, have written two articles about some of judicial firsts.

LLC’s and Chapter 13

The NACTT Emeritus Trustees

August 25, 2024

As a follow up to No Gracie, LLCs May Not File Chapter 13, we posed some questions to the NACTT Emeritus Trustees group. We think you will find their answers interesting and thought provoking.

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The Complex World of Interspousal Claims in Bankruptcy

Cathy Moran

May 1, 2022

Traps and grey areas abound when one spouse files bankruptcy during or after a divorce. Inattention by the non-filing spouse can result in the bankruptcy discharge of spousal claims that might actually be nondischargeable. One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce (Bankruptcy Code §523(a)15))...

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Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion*Part 1 of 3

Brittani Bushman

January 30, 2022

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) I. Introduction Although the Bankruptcy Code has been around for decades, bankruptcy courts continue to be faced with significant disputes regarding the interpretation of its provisions. An emerging issue that has gained traction in recent years involves the compensation of a chapter 13...

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Chapter 13 –Success/Benefits & Everything in between

December 20, 2020

By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...

Escrow 101 – Part 3 of 3

September 19, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 – Part 1 Escrow 101 – Part 2 Escrow 102 – Part 1 Escrow 102 – Part 2

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Sanctions in South Carolina

Ashley Baxter Curry

December 12, 2021

In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...

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Escrow 102 – Part 4 of 4

October 17, 2021

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA) Escrow 101 - Part 1 Escrow 101 - Part 2 Escrow 101 - Part 3 Escrow 102 - Part 1

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Meet a Brand Spankin’ New Trustee

The Academy

August 7, 2022

William F. Jaworski, Jr. - Bill - was appointed Chapter 13 Standing Trustee for the District of Delaware on April 1, 2022. Jaworski has very large shoes to fill as he is taking over for Michael Joseph upon his well-deserved retirement. Jaworski was born and raised in Buffalo, New York. As a hometown boy, he didn’t venture too far away...

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Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?

April 28, 2019

By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org In the most recent opinion on the issue, as of this writing, the Court in In re Rivera, 2019 WL 1430273 (Bankr. D. Ariz. Mar. 28, 2019), in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete...

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