Informal but Actual Notice of Bankruptcy: What Difference Does It Make?
By EsqSocial Corporation 06/01/21
On January 3, 2021, in In re Ditech Holding Corporation, Case No. 19-10412 (JLG), an unpublished opinion, Bankruptcy Judge James L. Garrity, Jr., discussed an important distinction for creditors of a non-individual chapter 11 debtor versus those of an individual debtor. The essential facts are that prepetition, a creditor, Dr. Nassar, sued Reverse Mortgage Solutions, Inc. (“RMS”), as mortgage servicer, in Texas, on various legal theories including breach of contract and fraud....
By: Tucker Arensberg, P.C.