A bankruptcy court recently expunged a claim of Ditech Financial LLC (Ditech) asserting that it was the creditor and the servicer of a note secured by an investment property (the “Property”) owned by the Debtors. Ditech filed a petition for bankruptcy in Case No. 19-10414 (Bankr. S.D.NY February 11, 2019). The order was entered in another proceeding before a different judge after Ditech’s bankruptcy was filed.
In this case the Debtors filed a chapter 11 and sought to sell the Property free and clear of all liens pursuant to 11 U.S.C. § 363. Ditech filed its claim. The Debtors successfully objected to Ditech’s claim because Ditech had not demonstrated it had standing. Ditech then filed a motion to reconsider which was granted. Meanwhile the court granted the motion to sell the Property but kept the proceeds in escrow pending the new hearing on the standing issue.
Ominously, the court’s opinion began with “Throughout this case Ditech Financial LLC (“Ditech”) has shown disdain for this Court and for [the] debtors…”
To read more and get the opinion click here.
Tags: Ditech, Standing, burden of proof, claim
