In re George and Mary Highsmith

Response to Motion to Lift Automatic Stay (using HAMP and the new settlement with 49 States)


This response to a MFRFS in a chapter 7 case contains short, well summarized grounds to deny stay relief because the debtors had not been given a fair chance to qualify for a HAMP loan and the lender had not followed Treasury Regulations in giving the reasons for a prior HAMP denial. The last paragraph mentions the possible benefit to debtors of the 25 billion dollar settlement entered on the date I filed the response which could allow up to a 20k principal reduction in the debtors' loan, which, when combined with HAMP, would allow the debtors to easily meet the new mortgage payments. There is also language which alleges that a MFRFS is never appropriate in a no asset Chapter 7 which will close in 4 to 5 months from filing the case in any event.

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Published In: Bankruptcy Updates

Reference Info:Pleadings | Federal, 11th Circuit, Alabama | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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