§ 138.8     Mortgage Claim Issues
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 138.8, at ¶ ____, LundinOnChapter13.com (last visited __________).

This section will be available soon, discussing the astonishing array of issues in recent reported opinions resolving objections to claims filed by mortgage creditors. Substantial litigation has traveled far beyond mere objection to allowance, and this section will analyze the various ways that Chapter 13 debtors have attempted to limit or defeat the claims of mortgage creditors. Other aspects of mortgage-related litigation are discussed elsewhere: “best practices” issues, that is, what mortgage management provisions can be included in the plan without violating the antimodification provision in § 1322(b)(2);1 whether a mortgage creditor violates the automatic stay by postconfirmation action such as charging attorney or other fees without seeking stay relief;2 whether the long-term mortgage debt is current at plan completion and discharge;3 and whether the mortgage creditor violates the discharge injunction when it seeks to collect pre- or postpetition contractual amounts after completion of payments and discharge.4