- 11 U.S.C.
Holman v. Citimortgage Inc. (In re Holman)
May
06
2010
Ruling
Debtors could maintain proceeding against mortgage company for abuse of bankruptcy process by routinely filing false affidavits when seeking relief from stay.
Procedural posture
Debtors brought a proceeding against defendant mortgage company. The Amended Complaint essentially alleged that the company had made an institutional practice of filing false affidavits in the court and elsewhere, in support of its motions for relief from the automatic stay. Before the court was the company's motion to dismiss pursuant to Fed. R. Civ. P. 12(b).
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Court
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