See Also Response

A Comment on "Misbehavior and Mistake in Bankruptcy Mortgage Claims"

Prof. Angela Littwin
Vol. 87, Issue 1
Responding to Prof. Katherine Porter, Misbehavior and Mistake in Bankruptcy Mortgage Claims
Posted on January 31, 2009
87 Texas L. Rev. See Also 1 (2009)

In this Comment to Professor Porter’s article, Professor Littwin discusses the disturbing results of Porter’s investigation into the mortgage-servicing industry and the mortgagee-filed proofs of claim process in bankruptcy.  Littwin also evaluates Porter’s suggestions for improving the process. 

She considers their probability of success by focusing on the likelihood of adoption and effectiveness upon institution.  Littwin’s Comment concludes with a discussion of the proposed elimination of the exemption currently preventing “cram down” of primary-residence home mortgages in bankruptcy.

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