Sandra Watkinson vs. Statebridge Co., LLC, Christiana TrustWe won another federal court trial, see in re Watkinson, MA BK Adv. Pro. No. 19-1071-FJB wherein the Court dismissed the remaining counts against the Mortgagee-Servicer-Creditor-Defendants.
The amended complaint asserted Four (4) counts against one or both of the Defendants. In Count I, the Debtor sought damages against both Christiana and Statebridge for violation of provisions of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq., concerning the obtaining of forced place insurance on the Property. In Count II, the Debtor sought damages against both Christiana and Statebridge for violation of MASS. GEN. LAWS ch. 93A. In Count III, the Debtor objected to Christiana’s Proof of Claim, asking that it be disallowed on the basis that Christiana does not hold the promissory note or own the mortgage on which its claim is predicated. And in Count IV, the Debtor claimed damages against Statebridge (not also Christiana) for another violation of MASS. GEN. LAWS ch. 93A. The Court also overruled the Debtor’s objection to the Defendants' Proof of Claim. #12 USCA sec. 2605 #Bankruptcy Rule 3001(d) #Bankruptcy Code 11 USC 502(b)(2) # Federal Rule Civil Procedure 15(b)(2) amendments to complaints #MGL 93A sec 2
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Athens vs. Bank of AmericaTo secure forgiveness of a PPP loan, the borrower must submit to the lender certain documentation demonstrating that the loan meets the requirements for forgiveness, as well as a certification that the loan proceeds were used for permitted purposes. See 15 U.S.C. § 636m(e). If a borrower fails to provide the necessary documentation, its loan is not eligible for forgiveness. Id. at § 636m(f).
In chapter 13 cases, a timely filed proof of claim is a precondition to allowance of the claim and the creditor’s right to receive a distribution.” San Miguel Sandoval v. Sandoval (In re San Miguel Sandoval), 327 B.R. 493, 512 (B.A.P. 1st Cir. 2005). See also Fed. R. Bankr. P. 3002(a) (requiring creditors to file proofs of claim for the claim to be allowed). Under Rule 3002(c) “a proof of claim is timely filed if it is filed not later than 70 days after the order for relief . . . .” Fed. R. Bankr. P. 3002(c). 11 Generally, tardily filed proofs of claim are disallowed. See 11 U.S.C. § 502(b)(9). A court may extend the time in which a creditor must file a proof of claim if one of seven exceptions is met. See Fed. R. Bankr. P. 3002(c)(1)-(7).
Mission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, L.L.C.2021 BNH 003 (denying leave to amend complaint on futility grounds because proposed amended claims were either precluded by final sale order, application of the doctrine of collateral estoppel, or expiration of statute of limitations).
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