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Ask cortrightlaw Your Own Question
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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Customer Question

Hi Brent, I was going to ask you about lenders who will not comply with the treatment of claims in a confirmed plan. Chase & Wells agreed to a figure for the repayment. Now they are returning my payments. Chase instigated a foreclosure. I am sending them this letter, I believe BK law is on my side. I don't think Judges like not being obeyed.
I am in receipt of your letter dated February 16, 2012, “Acceleration Warning (Notice of Intent to Foreclose)” and a letter requesting I remit $4,124.56 to bring the property current. On or about the same day I received a current statement showing that the court ordered payment of Three-hundred Twenty-four dollars and seventy-one cents ($324.71) was received and credited to my account on February 13, 2012.
Let me reiterate what I sent in my previous letters. My plan was confirmed on April 18, 2011. It is not closed so therefore the bankruptcy court retains its jurisdiction over these matters. Chase has violated a number of rules during my bankruptcy proceeding by rejecting most of my post confirmation payments. I am enclosing copies of the Acceleration Warning letter, and a list of the attorneys that have been representing Chase throughout this Bankruptcy Proceeding. Civil Minutes dated 9-22-10 granting my motion to Value “Cram Down,”; copies of my correspondence to Chase; and an email I received from your Law Firm, Pite Duncan dated Wednesday 8/24/2011; copies of checks cashed by Chase beginning in May 2011 copies; of rejected payments, and payments that were credited back to me on the page titled “Specific Account Activity.” I have also included the full docket report off of Pacer showing all of the filed motions, the attorneys of record, etc. It is important to note that in my case Chase was very well apprised and aware of terms of this plan and was represented by six (6) attorneys, currently eight (8). In addition, at the telling moment, namely the confirmation hearing, Chase expressly voted to accept the Plan. As I have explained to your employees, even though I am not on the specific loans as a co-owner of the properties I am allowed to file a Chapter 11 reorganization. Chase is responsible for the actions of its employees and therefore—by not educating them—has violated bankruptcy rules. I know that ignorance of the law is no excuse, and in this particular case, your inattentiveness is considered abuse of process. Despite letters and phone calls from me and the court, Chase is flagrantly violating the terms of the plan— not just once but repeatedly in a very materially harmful manner—and Chase has continued to do so through today’s date. Chase is not entitled to collect or enforce its claims except as provided by the plan and the confirmation order. Also, a violation of the confirmation order is an act of contempt, which, like the discharge injunction, may be remedied by this Court’s authority under 11 U.S.C. § 105(a). 2008 Bankr. LEXIS 1845 at *17-18. Perhaps most troubling is the fact Chase has already been found to have abused the bankruptcy process for exactly the same actions, and Chase has been expressly noticed by a United States Bankruptcy Judge not to engage in such actions and practices. Chase’s egregious disregard for the court’s confirmation order is specifically relevant here, the Court is authorized to award an aggrieved debtor legal and equitable relief pursuant to 11 U.S.C. § 105(a) for violations of a confirmation order. See In re Jones, 2007 Bankr. LEXIS 2984, 2007 WL(NNN) NNN-NNNN *2 (Bankr. E.D. La. Aug. 29, 2007), holding “[a]n order of confirmation defines the rights of the debtor and interested parties to payment post confirmation.” Chase was ordered to pay Plaintiffs awards for similar violations. These are just a few cases in which Chase was sanctioned by the courts and expressly told to stop their illegal behavior, and there are more, however to list all of them would mean many more pages of text. I hope this will suffice, I do not wish to receive any more of these types of notices. I have submitted a demand letter to you and your attorney of record requesting damages as I am clearly the injured party in this case. I am willing and able to begin an adversary proceeding if necessary, however in light of the recent court rulings, Chase has already lost cases similar to mine and have had to pay upwards of One Hundred Thousand Dollars $100,000.00 which I believe to be the court’s way of sending a message to Chase that Chase is not above the law. In a published memorandum opinion from the case In re Schuessler in the Southern District of New York, Judge Cecilia Morris describes a factual background in which Chase refused to take mortgage payments from the debtor, and as a consequence of this, as soon as the debtor became more than two payments delinquent (with Chase refusing to accept payments), Chase moved for a relief from stay. In re Schuessler memorandum decision, (EXHIBIT D pages 8-10). In Judge Morris’ published o
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 4 years ago.

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