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

[Ryan F]

For the last 3 years, the U.S. Treasury rules say otherwise for most
debtors. See the section beginning at the bottom of page 7 on this
published rule.  I think that even if the lender left the required language
out, the fact that it was supposed to be included would be to the debtor's
benefit in case of post-discharge collection efforts.

https://www.hmpadmin.com//portal/programs/docs/hamp_servicer/sd1002.pdf

Kindest regards,

Ryan Farnsworth


On Sat, Mar 16, 2013 at 4:12 PM, D. Blair Clark <dbc at dbclarklaw.com> wrote:

> 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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