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Campbell v. Countrywide Home Loans Inc. (In re Campbell)

Campbell v. Countrywide Home Loans Inc. (In re Campbell)

Ruling
Mortgage creditor violated stay by increasing debtor's monthly escrow payments.
Procedural posture

Debtors moved for summary judgment on their claim that defendant creditor, the holder of a mortgage on their residence, was liable for damages under 11 U.S.C. § 362(k) on account of its conduct in willfully violating the automatic stay by increasing debtors'monthly mortgage escrow payment pursuant to the parties'prepetition agreement. Debtors also sought an order awarding attorneys'fees, costs and expenses.

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opinion summary, case decided on January 26, 2007 , LexisNexis #0307-038