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PHH Mortgage Corp. v. Dick (In re Dick)

PHH Mortgage Corp. v. Dick (In re Dick)

Ruling
Property which was undisclosed in schedules and remained in estate was subject to stay.
Procedural posture

Plaintiff creditor filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant trustee's counterclaim against the creditor for damages and for violating the automatic stay under 11 U.S.C. § 362(h) by including a mobile home in a foreclosure action and by commencing a quiet title action.

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opinion summary, case decided on February 09, 2007 , LexisNexis #0307-130