Durham, NC
Chapter 13 bankruptcy Lawyer at Durham, NC
Practice Areas: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Bankruptcy & Debt
OUTCOME: Motion to dismiss overruled. Adversary proceeding for violation of stay, violation of confirmation Order, violation of discharge, and Bankruptcy Rules permitted to proceed.
Succeeded in defending a 12(b)(6) motion in adversary proceeding against mortgage servicer for purported misapplication of payments during Chapter 13 plan.
OUTCOME: Objection overruled, court found that the clear language of the statute supported an interpretation allowing for plan modifications extending 84 months from the date of confirmation
Trustee objected to Debtor's motion to modify plan, which sought to extend the Chapter plan to run 84 months from the date of confirmation pursuant to the recently enacted CARES Act.
OUTCOME: Court disallowed mortgage servicer's fees pursuant to North Carolina consumer protection law.
Argued that a mortgage lender who failed to comply with North Carolina noticing requirements could not collect fees and charges as part of their mortgage proof of claim. The court found that the cre ... ditor's failure to properly serve notice of the fees was fatal to the claim and disallowed the fees.
OUTCOME: Court permitted the deduction.
Argued that a Chapter 13 Debtor has an unfettered right to make religious and charitable contributions in an amount up to 15% of the Debtor's gross income. The court may only consider whether the debt ... or is within the 15% cap but may not inquire into when the contributions began or whether the Debtors have any pre-filing history of charitable contributions.
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