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…
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…
How Did A New Jersey Debtor Get A “Free House” ?
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…
Attorney Sanctioned for Allowing Client to Defaud the Bankruptcy Court
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…
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…
Are Canadian Old Age Security Benefits Excluded from Your Current Monthly Income?
Yes. The Canadian Old Age Security benefits received by the debtors were not included in the debtors’ current monthly income under Code § 101(10A) because § 101(10A)(B) excludes from the calculation of current monthly income any benefits received under the Social Security Act and a U.S.-Canadian treaty, the Agreement with Respect to Social Security, mandates…