As JB alluded to, I believe the Florida attny is relying on In re Layton, 480 B.R. 392 (Bankr. M.D. Fla. 2012)
https://fastcase.vlex.com/vid/895476336
What I don’t know is if a higher Court in the 11th Circuit has ruled on this issue or, if not, if all of the...
despritfreya
Senior Member
Last Activity: Today, 03:26 AM
Joined: 08-01-2010
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If the Trustee determines that the Plan is under funded, or that you have miscalculated your income, or that you have listed expenses that he/she believes should be disallowed, or a combination of these items, yes, he/she can state that payments must increase. It would then be up to you to persuade...Leave a comment:
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I am not sure what you are trying to accomplish. Why would you care if the loan was or was not reaffirmed? There is no requirement to reaffirm a loan secured by real property (11th Circuit may be an exception). Further, a Reaffirmation Agreement needed to be entered into before the entry of the Discharge....Leave a comment:
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Several things you need to know.
1. The MCA lenders have recently started to “enforce” their UCC1 blanket lien rights by contacting customers (in your case, insurance providers) in an attempt to get the customers to send payments belonging to the debtor to the lenders. In many instances...Leave a comment:
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