Lender Alert: Remaining Vigilant Throughout Chapter 13 Case is Crucial to Preserving Lender’s Bargained-For Rights
By Michael L. Moskowitz and Melissa A. Guseynov
In a recent decision of interest to mortgage lenders, Bankruptcy Judge Erik P. Kimball, sitting in the United States Bankruptcy Court for the Southern District of Florida, held that a debtor’s chapter 13 plan which incorrectly reduced a home mortgage payment remains valid and binding if lender failed to object to confirmation. In re Edwards, 13-25698 (S.D.Fla. May 22, 2019).