Due Process Requires Adequate Notice

Rex Edward Russo

Case Conclusion Date:January 1, 2007

Practice Area:Bankruptcy & Debt

Outcome:Mortgage Reinstated, followed by settlement payment

Description:In re Cuevas, 2007 WL 397006 (Bkrtcy.S.D.Fla.); 20 Fla. L Weekly Fed. B 417. Although bankruptcy court judge found adversary action to be procedurally incorrect, favoring instead to act upon the issues in the context of a contested motion, court acknowledged that there were serious issues presented regarding the nature and adequacy of service upon our client - a mortgage holder seeking to reestablish her mortgage which had previously been stripped by an order of the bankruptcy court. Case was then settled and client received payment on her mortgage.