According to Robin Miller of CBAR,  it depends on the totality of the facts and circumstances of the case.  After the Chapter 13 debtor husband received $250,000 in life insurance benefits due to the death of his debtor wife, the bankruptcy court did not abuse its discretion in granting the husband’s motion for modification of…

According to Robing Miller of CBAR, if a Chapter 13 debtor is unable to provide information about his non-filing spouse’s income, expenses, and contributions to the household, they were required to propose a Chapter 13 plan that paid unsecured creditors in full – despite the fact that the debtor’s spouse allegedly refused to provide the…

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…

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…

As reported by Robin Miller of CBAR, a New Jersey Chapter 13 debtor was able to get a “Free House.” UnderNew Jersey law, the debtor’s mortgage creditor was time-barred from enforcing both the note and the accelerated mortgage, under which the debtor had defaulted in 2007. As a result, the creditor’s proof of a secured claim…

As reported by Robin Miller of CBAR, Code § 526(a)(2) prohibits a debt relief agency from “counsel[ing] or advis[ing] any assisted person or prospective assisted person to make a statement in a document filed in a case … that is untrue or misleading,” applies regardless of whether the counseled person files a document in the…

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…