Dec
06
2013
Fiducia v. Jernigan (In re Jernigan)
Ruling:
Fate filed proof of claim allowed due to lack of timely actual notice or knowledge of the case.
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Consumer case opionion summary, case decided on December 06,2013, LexisNexis #0114-031
Oct
01
2012
In re Garza
A creditor filed two notices of payment change under Fed. R. Bankr. P. 3002.1 to increase the chapter 13 debtors' mortgage payment due to an escrow shortage that occurred over the plan period from 2008 to 2012 and to increase the escrow payment to provide for a two-month reserve. The chapter 13 debtor filed objections to the notices and requested the award of attorney's fees and other affirmative relief.
Ruling:
Mortgage creditor waived right to collect deficiency based on escrow shortage due to failure to comply with notice requirement.
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Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1112-067
Mar
03
2009
In re Gulley
Two debtors filed separate petitions under chapter 13 of the Bankruptcy Code, and an assignee filed proofs of claim against both bankruptcy estates. The first debtor filed objections to the assignee's proofs, claiming that they were untimely and insufficient. The second debtor also filed an objection to the assignee's proof, claiming that it was insufficient.
Ruling:
Court could extend bar date to allow additional proof of claim once dismissed case was reopened .
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Consumer case opionion summary, case decided on March 03,2009, LexisNexis #0509-097