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Chapter 13 Proof of Claims Appeals

Burr & Forman

Eleventh Circuit Holds That a Creditor’s Due Process Claim Can Be Inadvertently Waived By Inaction

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On December 11, 2017, in a case entitled In re Iliceto, the Eleventh Circuit Court of Appeals affirmed the district court’s decision, which held that Nationstar Mortgage, LLC (“Nationstar” or the “Creditor”) received notice...more

Burr & Forman

What did the Supreme Court Say? Creditor Claim for Stale Debt in Chapter 13 Case Does Not Violate the FDCPA

Burr & Forman on

The United States Supreme Court recently held in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) that filing a proof of claim that is obviously time-barred in a Chapter 13 debtor’s bankruptcy case is not a violation of...more

Baker Donelson

New Case Poses Threat to Mortgage Servicers in Bankruptcies

Baker Donelson on

A new decision from the U.S. Court of Appeals for the Ninth Circuit poses a serious threat to mortgage companies that service mortgages of chapter 13 debtors. Mortgage servicers should be aware of the case's implications and...more

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