Home / 2014 / November

Archives for November 2014

US Bankruptcy Code § 1322(b)(9) Operates in Conjunction with Code § 1325(a)(5) Allowing the Vesting of Title to the Debtor’s Mortage Holder

As reported by Robin Miller of CBAR, an Oregon Court affirmed a Chapter 13 plan that provided for the vesting of title to the debtors’ residential property in the holder of the first-priority mortgage on the property. The Bankruptcy Court held that the plan provision was authorized by Code § 1322(b)(9), which states that a…

Mortgage Servicer’s Inaccurate Credit Reporting Results in a Violation of the Discharge Injunction

As reported by Robin Miller of CBAR, a mortgage servicer’s change in the reporting of the Chapter 7 debtor’s mortgage obligation to credit bureaus heavily suggested that the servicer sought to collect a discharged debt from the debtor, and the servicer’s additional contacts with the resulted Violation of the Discharge Injuncition. While the predecessor servicer…

Is the Filing of a Proof of Claim For a Discharged Debt a Violation of the Discharge Injunction?

Yes. Affirming In re McLean, 2013 WL 5963358 (Bankr. M.D. Ala. Nov. 8, 2013), the district court held that the bankruptcy court did not err in ruling that a mortgage creditor’s filing a proof of claim for an unsecured deficiency judgment debt that had been discharged in the debtors’ prior bankruptcy case violated the discharge…

1 2