Consumer Bankruptcy Journal Spring 2016 | Page 55

DEFENSES IN FLORIDA FORECLOSURE affect this ruling as an impasse in a mortgage modification now allows the debtor to address the mortgage “outside the plan.” Section X. (B) was rewritten to read (italics being the modified portion) as follows: 16. In re Kourogenis that Congress acts intentionally and purposely in the disparate inclusion or exclusion.” 17. In re Kourogenis 28. Elkouby pages 11-12. S. Ct. 1808, 149 L. Ed. 2d 968 (2001) 18. In re Failla, 529 B.R. 786, 789 (Bankr. S.D. Fla. 2014) 19. If the lender and the debtor fail to reach a settlement, then no later than 14 calenda