- 11 U.S.C.
Campbell v. Countrywide Home Loans Inc.
Oct
13
2008
Ruling
Asserting a right to increased mortgage escrow payments based on prepetition shortage in a proof of claim does not violate stay.
Procedural posture
The Bankruptcy Court for the Southern District of Texas granted partial summary judgment to the chapter 13 debtors, finding that creditor mortgage lender violated 11 U.S.C.S. § 362's automatic stay by including in its proof of claim an intent to raise mortgage payments to recoup the delinquent pre-petition escrow portion of their mortgage payments. The lender appealed.
ABI Membership is required to access the full summary of Campbell v. Countrywide Home Loans Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available