In re Latimer
Oct 27, 2008OUTCOME: Win for Consumber Debtors
Acknowledges that BK Code Section 1325(a)(5) permits the bifurcation of an undersecured mortgage that becomes due prior to the final payment due under a Chapter 13 plan.
Rochester, NY
Social Security & Disability Lawyer at Rochester, NY
Practice Areas: Social Security, Administrative Law ... +3 more
OUTCOME: Win for Consumber Debtors
Acknowledges that BK Code Section 1325(a)(5) permits the bifurcation of an undersecured mortgage that becomes due prior to the final payment due under a Chapter 13 plan.
OUTCOME: New Law
In a foreshadowing of the U.S. Supreme Court in Lanning, Judge Ninfo found that a change in circumstances could allow a debtor to use real income and expenses - instead fo the artificial outcome on For ... m B22.