IN RE GRAVEL

Nos. 20-1-bk(L), 20-2-bk, 20-3-bk August Term 2020.

6 F.4th 503 (2021)

IN RE: Nicholas GRAVEL, Amanda Gravel, Debtors. PHH Mortgage Corporation, Creditor-Appellant, v. Jan M. Sensenich, Trustee-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 2, 2021.


Attorney(s) appearing for the Case

MATTHEW J. DELUDE , Primmer Piper Eggleston & Cramer PC, Manchester, NH ( Alexandra E. Edelman , Douglas J. Wolinsky , on the brief) for Creditor-Appellant PHH Mortgage Corp.

MAHESHA P. SUBBARAMAN , Subbaraman PLLC, Minneapolis, MN, for Trustee-Appellee Jan M. Sensenich.

Henry E. Hildbrand, III , Nashville, TN, for Amicus Curiae National Association of Chapter 13 Trustees.

Tara Twomey , National Consumer Bankruptcy Rights Center, San Jose, CA, for Amici Curiae National Consumer Bankruptcy Rights Center, National Association of Consumer Bankruptcy Attorneys, National Consumer Law Center, Legal Services Vermont, Inc., and Housing Clinic of Jerome N. Frank Legal Services Organization at Yale Law School.

Before: JACOBS, BIANCO, PARK, Circuit Judges.


This appeal involves punitive sanctions imposed in three chapter 13 cases in Vermont. The debtor households are the Gravels, the Beaulieus, and the Knisleys. The sanctioned party is the creditor-appellant PHH Mortgage Corp., which holds or services the mortgage on the principal residence of each debtor household. The...

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