An overpayment resulting from the debtor’s mistakenly making mortgage payments while the chapter 13 trustee was making the same payments through the plan was properly remitted to the trustee for distribution rather than being returned to the debtor. White v. Regions Bank, No. 20-5355 (6th Cir. Sept. 30, 2021) (unpublished). Read More
Tag Archive: Rule 60(b)
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Refund of Mortgage Double Payment to Trustee
Posted by NCBRC - November 9th, 2021
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Rule 60(b) Subject to Limitations in Bankruptcy
Posted by NCBRC - April 1st, 2016
In the absence of fraud, court mistake of fact or clerical error, or due process violation, a bankruptcy court cannot revoke a confirmation order under Rule 60(b). Federal National Mortgage Ass’n v. Meeko, No. 15-1200 (D. Or. March 17, 2016). Read More
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