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Hannigan v. Countrywide Home Loans Inc.

Hannigan v. Countrywide Home Loans Inc.

Ruling
Debtor's appeal of judgment in adversary proceeding granting relief from stay to allow foreclosure dismissed due to failure to file transcript.
Procedural posture

Appellant debtor filed a chapter 13 bankruptcy petition and then initiated an adversary proceeding against appellee creditor to prevent its foreclosure action on his residence. The bankruptcy court granted summary judgment in favor of the creditor and the debtor sought review. The court, sua sponte, considered whether the debtor's failure to comply with Fed. R. Bankr. P. 8006 warranted dismissal under Fed. R. Bankr. P. 8001(a).

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opinion summary, case decided on October 27, 2006 , LexisNexis #1206-105