Legal Opinion
Cerrato v. BAC Home Loans Servicing (In re Cerrato)
United States Bankruptcy Court, E.D. New York
Decided January 24, 2014No. Case No. 12-47995-CEC; Adv. Proc. No. 13-01138-CECPublishedCited by 18 opinions
1Opinion of the Court
Chapter 13
DECISION
CARLA E. CRAIG, Chief United States Bankruptcy Judge
This adversary proceeding was commenced by Antonio Cerrato (“Cerrato”, or “Plaintiff’), the debtor in the above captioned chapter 13 proceeding, to avoid a pre-petition foreclosure sale and to quiet title to real property. The defendants, BAC Home Loan Servicing and Bank of America N.A. (together, “BAC” or “Defendants”), filed a motion to dismiss the adversary proceeding, contending that Cer-rato’s rights in the real property were extinguished as of the conclusion of the foreclosure sale and that the foreclosure sale cannot…
2Cases cited49 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Papasan v. AllainSupreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- New Hampshire v. MaineSupreme Court of the United States · 2001
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3Cited by18 opinions
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- Whittaker v. Groves Venture, LLC (In re Bolon)United States Bankruptcy Court, S.D. Ohio · 2015
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