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Hutchinson v. Del. Sav. Bank FSB

Ruling
Debtors were not bound following a chapter 7 conversion to the estate value stated in their chapter 13 plan since the debtors'claims against the lender were not listed in their chapter 13 plan but later in their chapter 7 case.
Procedural posture

Plaintiff debtors sued defendant lender for fraud, breach of contract, and violation of the New Jersey Consumer Fraud Act ("NJCFA") and sued defendant loan servicing companies for negligence/intentional tort, breach of contract, violation of the NJCFA, and violation of the Real Estate Settlement Procedures Act ("RESPA"). Defendants moved to dismiss.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-005

Hutchinson v. Del. Sav. Bank FSB

Ruling
Debtors'claims against the lender were not barred by confirmation of their chapter 13 plan since conversion to chapter 7 removed the res judicita effect of that chapter 13 plan.
Procedural posture

Plaintiff debtors sued defendant lender for fraud, breach of contract, and violation of the New Jersey Consumer Fraud Act ("NJCFA") and sued defendant loan servicing companies for negligence/intentional tort, breach of contract, violation of the NJCFA, and violation of the Real Estate Settlement Procedures Act ("RESPA"). Defendants moved to dismiss.

ABI Membership is required to access the full summary of Hutchinson v. Del. Sav. Bank FSB Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on January 25, 2006 , LexisNexis #0206-021