A bankruptcy court in Illinois found that JP Morgan Chase violated Rule 3002.1 by raising the debtors’ mortgage payments without providing proper notification, even though there was no mortgage arrearage being cured through the Chapter 13 plan. In re Tollios, No. 09-19329 (Bankr. N.D. Ill. May 13, 2013). In the Eastern District of Kentucky, the bankruptcy court found that the rule continued to apply even after the mortgagee was granted relief from stay. In re Holman, No. 12-50023 (March 15, 2013). [Read more…] about Two Courts Reject Narrow Parameters for Rule 3002.1
In re Connors, No. 06-3321 (3d Cir.)
Type: Amicus
Date: December 11, 2006
Description: Whether debtor who, following sheriff’s auction, still possesses a right of redemption under state law is entitled to cure mortgage default pursuant to section 1322(c)(1).
Result: Affirmed. Debtor lost. 497 F.3d 314 (3d Cir. 2007)
Connors NACBA Amicus 3rd Cir.