Legal Opinion

In Re Walker

United States Bankruptcy Court, E.D. Pennsylvania

Decided February 13, 2012No. 14-14328PublishedCited by 71 opinions

1Opinion of the Court

OPINION

ERIC L. FRANK, Bankruptcy Judge.

I. INTRODUCTION

In this chapter 13 bankruptcy case, Debtor Janice Walker has filed an objection (“the Objection”) to the secured proof of claim (“the Proof of Claim”) of the Certifícateholders CWALT, Inc., Alternative Loan Trust 2005-J14 Mortgage Pass Through Certificates (“the Trust”). The Trust filed the Proof of Claim through its trustee, the Bank of New York Mellon (“BNYM”). 1

The Debtor’s primary challenge to the validity of BNYM’s claim is based on alleged defects in the process by which the underlying mortgage loan was “securi-tized” 2 and became an…

2Cases cited38 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Fitzpatrick v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1993
  5. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990

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3Cited by71 opinions

  1. JP Morgan Chase Bank, N.A. v. MurraySuperior Court of Pennsylvania · 2013
  2. Deutsche Bank Natl. Trust Co. v. NajarOhio Court of Appeals · 2013
  3. Reinagel v. Deutsche Bank National Trust Co.Court of Appeals for the Fifth Circuit · 2013
  4. Gerber, L. v. Piergrossi, R.Superior Court of Pennsylvania · 2016
  5. Deutsche Bank National Trust Co. v. BrockCourt of Appeals of Maryland · 2013

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