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All Dressed Up & Nowhere To Go

By Cathy Moran, Esq. Filed Under: Rule 3002.1

mortgage loan

It’s the pits to be stood up by a Rule. Rule 3002.1 is, in my opinion, the best thing that’s happened in bankruptcy in years.  I’m a goggle-eyed fan. Whether you chalk mortgage servicing problems up to ineptitude or venality, it is indisputable that a mortgage servicer can’t audit a loan file and come up […]

Filed Under: Rule 3002.1 Tagged With: 2017

Beyond Racism And Self Interest: Why Blacks File And Fail At Chapter 13

By Cathy Moran, Esq. Filed Under: Opinionated

blacks in bankruptcy

ProPublica’s study of the percentage of black debtors who file bankruptcy and fail at Chapter 13 misses the forest for the trees. The report contends that bankruptcy lawyers steer blacks to an inappropriate chapter for the benefit of the lawyers. In Memphis, an entrenched legal culture has made bankruptcy a boon for attorneys while miring […]

Filed Under: Opinionated Tagged With: 2017

They’re Changing the Rules On Us

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

new bankruptcy rules

Come December, the Bankruptcy Rules will change again. So, I’ve got a shout out to Chapter 13 Trustee Beverly Burden who created a great table of the changes. Her chart includes the What, When, Where, and How, but also her comments on the effect of the change. I can add nothing to her great work, […]

Filed Under: Bankruptcy Practice Tagged With: 2017

Homeowners Face Down The Mortgage Servicer Over Their Request For Information

By Cathy Moran, Esq. Filed Under: Real property

homeowner v. bank`

  The homeowners beat the bank in the first round of RESPA/FDCPA litigation, upholding the private right of action under Reg. X. The case is Rios v. Rushmore, from the Southern District of Florida. The homeowners alleged that Rushmore Loan Management Services failed to adequately respond to their Notice of Error pursuant to 12 U.S.C. […]

Filed Under: Real property Tagged With: 2017

Chronicles of Bankruptcy Rule 3002.1

By Cathy Moran, Esq. Filed Under: Rule 3002.1

on the trail

A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage;  thus we have FRBP 3002.1 said Judge Hannah Blumenstiel. At the end of my client’s Chapter 13, the lender’s response to the trustee’s notice of final cure payment failed to do that.  The failure to adequately support its contentions in […]

Filed Under: Rule 3002.1 Tagged With: 2017

Unfair Loan Modification Practices Rejected By 9th Circuit

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Cases new & significant, Real property

bank lies

  Promising a loan modification and failing to deliver, after pocketing trial mod payments, isn’t fair, said the 9th Circuit in Oskoui. And if it isn’t fair, it can be actionable under California’s Unfair Competition Law (B&P 17200). Not to mention constituting a breach of contract. Thus, there do seem to be some limits on […]

Filed Under: Bankruptcy Practice, Cases new & significant, Real property Tagged With: 2017

Proofs of Claim, Res Judicata, And A Good Night’s Sleep

By Cathy Moran, Esq. Filed Under: lawyer skills

bankruptcy worries

Trouble shared is trouble halved. Brainy Quotes attributes that bit of wisdom to writer Dorothy Sayers.  (Also to Lee Iacocca; take your pick). One of the things that keeps me troubled at night is the preclusive effect of a filed proof of claim. So, I’ll share my worries, and you can worry too. Filed claims deemed […]

Filed Under: lawyer skills Tagged With: 2017

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