Summary
finding sanctions appropriate, in part, because of the past abuses of the bankruptcy system
Summary of this case from In re BradleyOpinion
CASE NO. 03-10398, SECTION A.
July 14, 2009
ORDER
This matter came before the Court on Jada Taylor Batiste's ("Debtor") Motion for Sanctions (P-97) and this Court's Order to Appear and Show Cause (P-102) entered against Ocwen Loan Servicing LLC ("Ocwen"). For the reasons set forth in the Reasons for Order entered contemporaneously with this Order,
IT IS ORDERED, that Ocwen shall institute the following procedures once a debtor has received a discharge under 11 U.S.C. § 1328:
Within thirty days of the entry of the Order Discharging a debtor, Ocwen shall send a post-discharge statement ("Statement") to the debtor, debtor's counsel, and the Trustee. The Statement shall contain the following language:
"This is to confirm that the proof of claim, in the amount of _____, has been satisfied. Your account has been adjusted to show that you are current through _______ and that your next payment in the amount of _______ is due on ________."IT IS FURTHER ORDERED, that if the claim was not satisfied, or if there are post-petition fees or costs that were properly noticed through the annual accounting procedure set forth in McKain, the letter shall so notify the debtor and attach a detailed payment history in a form similar to that in In re Jones. IT IS FURTHER ORDERED, that upon the filing of a chapter 13 proceeding in this district, Ocwen shall immediately dismiss any pending foreclosure action against the debtor.
366 B.R. 584 (Bankr. E.D.La. 2007).