- 11 U.S.C.
First Am. Title Ins. Co. v. Nation (In re Nation)
Sep
27
2006
Ruling
Title company that paid mortgage note under policy could not collect from debtor where mortgage was provided for in plan and discharge had issued.
Procedural posture
Plaintiff title company commenced an adversary proceeding against defendant debtor to determine whether a debt under a promissory note was discharged pursuant to a chapter 13 plan. In the alternative, the title company sought to vacate the discharge to permit collection. Both parties filed motions for summary judgment.
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Court
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