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Wells Fargo Home Mortg. Inc. v. Borkowski (In re Borkowski)

Creditor filed a motion pursuant to Fed. R. Bankr. P. 9024, which incorporated Fed. R. Civ. P. 60, to reopen debtor's bankruptcy case and to vacate a court order, in part, by striking all determinations that the mortgage of the creditor was brought current as of the date of the chapter 13 trustee's last distribution in the case.
Creditor that did not act promptly to correct payment amount called for in confirmed plan could not reopen case to obtain order that mortgage had not been brought current.
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Consumer case opionion summary, case decided on February 22,2011, LexisNexis #0311-105