Drawing on the authors’ combined expertise in negotiating, litigating and restructuring many giant, missioncritical contracts, this text discusses sure contract phrases which may be generally overlooked in negotiations but that can significantly have an effect on the end result in litigation or arbitration. This article describes pending adjustments to rules governing both oral and written communications with debtors by mortgage servicers within the context of a borrower’s chapter submitting. The author explains how the model new rules evaluate each to present law and to existing chapter case law, and lead to uncertainty relating to communications with bankrupt client mortgage borrowers.…