Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
Summarized by Adam Ballinger , Faegre Drinker Biddle & Reath LLP
14 years 6 months ago
Citation:
11-6012 (B.A.P. 8th Cir. August 29, 2011)
Ruling:
Reversed and Remanded. First, section 1322(b)(2) does not bar a Chapter 13 debtor from "stripping off" a wholly unsecured lien on his principal residence. The first step of the analysis is to...
