Jan
10
2020
Vertullo, In re--U.S. Bank N.A. v. Vertullo
Ruling:
Plan including debtor's expired right to cure pre-petition default could not be confirmed.(B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-072
Nov
27
2019
Yotis, In re
Ruling:
Court denied motion to determine and disallow creditor's post-petition fees and expenses asthey were necessary to protect the creditor's rights. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on November 27,2019, LexisNexis #0120-049
Nov
15
2019
Brown, In re
Ruling:
Co-signed consumer debts may be treated differently notwithstanding an unfairdiscrimination prohibition for separately classified unsecured debts. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 15,2019, LexisNexis #1219-095
Sep
30
2019
Poole, In re
Ruling:
Chapter 13 debtors are allowed to modify the terms of notes that are wholly unsecured. (Bankr.E.D. Tenn.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-021
May
03
2019
Russell, In re
Ruling:
Debtor lacked the ability to include a foreclosed property in a subsequently filed Chapter 13bankruptcy after the fall of the gavel at a duly held foreclosure sale conducted in accordancewith state law. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on May 03,2019, LexisNexis #1219-022
Sep
03
2019
Pugh, In re
Ruling:
Creditor's objection to Chapter 13 confirmation was sustained as both the mortgage's due-on-sale clause and 11 U.S.C. § 1322(b)(2) prevented him from modifying the bank's rights withoutthe bank's consent. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on September 03,2019, LexisNexis #1019-094
Jul
29
2019
Prescott, In re--Prescott v. Wells Fargo Bank, N.A.
Ruling:
Mortgagee breached the court's cure order by trying to collect a payment the order hadeliminated. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-096
Jun
18
2019
Kane, In re
Ruling:
Chapter 13 plan could not be confirmed as the debtor's proposed allocation of benefits andburdens to the detriment of one class of creditors was deemed as unfairly discriminatory.(Bankr. D. Kan.)
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Consumer case opionion summary, case decided on June 18,2019, LexisNexis #0819-100
Jun
18
2019
Gunn, In re
Ruling:
Undersecured mortgage creditor with debt secured by the debtor's principal residence couldrecover reasonable preconfirmation attorneys’ fees. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on June 18,2019, LexisNexis #0819-073
May
29
2019
Cole, In re
Ruling:
Debtor's objection to proof of claim denied as debtor remained liable for the full amount ofhis tax obligation until the Offer in Compromise terms and conditions had been met. (Bankr.S.D. Tex.)
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Consumer case opionion summary, case decided on May 29,2019, LexisNexis #0819-047
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