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Hutchinson v. Republic Bank & Trust Co. (In re Hutchinson)

Hutchinson v. Republic Bank & Trust Co. (In re Hutchinson)

Ruling
Claim for negligent preparation of mortgage that arose prepetition but was not discovered until after discharge was barred.
Procedural posture

Debtor brought an adversary proceeding against defendant mortgagee seeking a determination that any liability arising from the debtor's allegedly negligent conduct in preparing a mortgage for the mortgagee were previously discharged in the debtor's bankruptcy. The debtor moved for summary judgment.

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Consumer opinion summary, case decided on August 12, 2010 , LexisNexis #0910-035