Velazquez v. Countrywide Home Loans Servicing, L.P.

• Summarized by John Jones , J. R. Jones Law PLLC
• 14 years 4 months ago

Citation:

Case No. 10-20609 (5th Cir. October 17, 2011)

Ruling:

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...

Judge(s):

King, Davis and Garza, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Claims
• Mortgage
• Rule 2016
• § 1322
• § 502

Fisette v. Keller (In re Fisette)

• 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...

Judge(s):

Schermer, Venters, and Nail

Tag(s):

• 8th Circuit
• Mortgage
• § 1322
• § 1328

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