Saturday, March 1, 2008

In re Figard, (Bkrtcy.W.D.Pa.)

Claims - Bankruptcy Code's claims allowance statute did
not implicitly repeal RESPA provision governing borrower information
requests.

The Bankruptcy Code's claims allowance statute, which allowed parties in
interest to file objections to proofs of claim filed in bankruptcy cases,
did not implicitly repeal the provision of the Real Estate Settlement
Procedures Act requiring loan servicers to timely reply to a borrower's
written request for information related to loan servicing. Congress did
not clearly express its intent to have the bankruptcy statute act as a
substitute means for debtors to gather information from mortgagees, and no
conflict existed between the two statutes.

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