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  • Bankruptcy Court Rejects Ditech’s Standing to file Mortgage Claim

    Posted by NCBRC - February 14th, 2019

    A bankruptcy court recently expunged a claim of Ditech Financial LLC (Ditech) asserting that it was the creditor and the servicer of a note secured by an investment property (the “Property”) owned by the Debtors. Ditech filed a petition for bankruptcy in Case No. 19-10414 (Bankr. S.D.NY February 11, 2019). The order was entered in another proceeding before a different judge after Ditech’s bankruptcy was filed.

    In this case the Debtors filed a chapter 11 and sought to sell the Property free and clear of all liens pursuant to 11 U.S.C. § 363. Ditech filed its claim. The Debtors successfully objected to Ditech’s claim because Ditech had not demonstrated it had standing. Ditech then filed a motion to reconsider which was granted. Meanwhile the court granted the motion to sell the Property but kept the proceeds in escrow pending the new hearing on the standing issue.

    Ominously, the court’s opinion began with “Throughout this case Ditech Financial LLC (“Ditech”) has shown disdain for this Court and for [the] debtors…”

    To read more and get the opinion click here.

  • MERS v. Chong, No. 09-661 (D. Nev.)

    Posted by NCBRC - September 3rd, 2011

    Type: Amicus
    Date: August 20, 2009
    Description: Whether MERS has standing to seek lift of stay in its own name.
    Result: Affirmed. Debtor won.

    Chong MERS D Nev opinion

    Chong MERS NACBA amicus pt 1 D Nev
    Chong MERS NACBA amicus pt 2 D Nev
    Chong MERS NACBA amicus pt 3 D Nev

  • In re Akalarian, No. 09-12681 (Bankr. R.I.)

    Posted by NCBRC - September 1st, 2011

    Type: Amicus
    Date: January 11, 2010
    Description: Real party in interest and standing to foreclose where chain of title defective.
    Result: Motion for Relief from Stay withdrawn.
    Akalarian NACBA Amicus Bankr. RI

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  • HAVEN Act Guide

    HAVEN Act Guide 2019

     The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income. 

    This Guide provides an overview of the HAVEN Act identifies benefits that are excluded, and answers frequently asked questions.

     

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  • Thank you!

    Thank you to the following organizations without whose support our work would not be possible.

     

    American College of Bankruptcy
    The American College of Bankruptcy is an honorary public service association of bankruptcy and insolvency professionals who are invited to join as Fellows based on a proven record of the highest standards of professionalism plus service to the profession and their communities.  Together with its affiliated Foundation, the College is the largest financial supporter of bankruptcy and insolvency-related pro bono legal service programs in the United States.

     

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