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Tag : litigation

Testimony in In re Kemp Damaging for Mortgage Industry

Chapter 13, Foreclosure

 The Court in In re Kemp 2010 WL 4777625 (Bankr. D. N.J. November 10, 2010) held that a claim filed by a mortgage servicer would be disallowed when that creditor did not have possession of the note and the note was not endorsed to the creditor at the time the claim was filed. The bankruptcy […]

Defending a Dischargeability Action in Chapter 7

Bankruptcy Law Overview, Chapter 7

At times our clients will sail through their bankruptcy case without any offense from their creditors.  At other times, it seems that our clients must fight for their rights. If you’re among the unfortunate debtors who find themselves being sued in their Chapter 7 bankruptcy case you cannot ignore the Summons and Complaint.  If you’ve […]

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