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Case Spotlight:
In re Nosek, 363 B.R. 643 (Bkrtcy. D. Mass.2007) theBankruptcy Court awarded:
$250,000.00 in EMOTIONAL damages $500,000.00 in PUNITIVE damages
Servicer failed to correctly apply payments: plan payments to pre-petition arrearages (POC), post-petition payments to post-petition balance.
Internal accounting alone not sufficient: externalhistory, shared with Debtor and outside world, must be correct.
Servicer simply unwilling or unable to conform its accounting Bankruptcy Code, thus punitive damages to encourage conformity.
Recap Nosek
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