[CLBS] Interesting decision on loan modifications and the discharge injunction

[D. Blair Clark]

I found this decision on the Oregon BK Court's website; it was listed in the
"headnotes" portion of the ABI Journal this month.  Two things come to mind:
1) Judge Dunn's statement, which may be dicta, that entering into a loan
modification agreement for an existing, discharged loan, may revive the
mortgage loan as a debt, at least in part; 

2) the proof and expert testimony considered to determine the damages for
breach of the discharge injunction.  For those of you who don't know Judge
Dunn, he's excellent.  I've had several cases before him.  He's also on the
BAP with Judge Pappas.

 

 

D. Blair Clark

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