Darrah v. Franklin Credit (In re Darrah)
Dec
23
2005
Ruling
Debtor could not bring an adversarial proceeding against the mortgage holder since the claim itself was estate property and, thus, a claim that only the trustee could bring.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the holder of the mortgage on the debtor's residence, alleging that the holder violated the Real Estate Settlement Procedures Act. The debtor did not list the claim against the holder in his bankruptcy schedules, and the holder moved for summary judgment based on the debtor's lack of standing.
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Court
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