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Campbell v. Countrywide Home Loans Inc.

Campbell v. Countrywide Home Loans Inc.

Ruling
Filing of proof of claim including increase in mortgage payment to recoup unpaid prepetition escrow payments did not violate stay.
Procedural posture

Defendant creditor sought review of an order of the Bankruptcy Court for the Southern District of Texas granting a partial summary judgment in favor of plaintiff debtors in their action alleging that the creditor violated the automatic stay under 11 U.S.C.S. § 362 in their chapter 13 case. The creditor was granted the right to bring an interlocutory appeal under 28 U.S.C.S. § 158.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 26, 2008 , LexisNexis #0908-072