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Bertrand v. Countrywide Home Loans Inc. (In re Bertrand)

Bertrand v. Countrywide Home Loans Inc. (In re Bertrand)

Ruling
Plan confirmation granted but denied with respect to mortgagee due to lack of feasibility.
Procedural posture

In plaintiff chapter 13 debtors' adversary proceeding against defendant mortgagee for an order cramming down their chapter 13 plan to allow non-debtor third parties to live in the mortgaged real estate and valuing defendant's secured claim at $512,638, plaintiffs filed various motions including motions for judgment on the pleadings, to strike answer, to disallow defenses, to enter a default, and for sanctions.

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Consumer opinion summary, case decided on April 29, 2010 , LexisNexis #0710-132