Legal Opinion
Dobin v. Washington Mutual Bank, F.A. (In Re Loehwing)
United States Bankruptcy Court, D. New Jersey
Decided February 4, 2005No. 12-19129PublishedCited by 3 opinions
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge.
Andrea Dobin, Chapter 7 Trustee, moves for summary judgment on Count 1 of her complaint seeking a declaratory judgment that the amount necessary to satisfy a foreclosure judgment does not include the commission due to the Sheriff of Ocean County. Washington Mutual Bank, F.A. (“WaMu”), the foreclosing mortgagee, had delivered a writ of execution to the Sheriff, but the Sheriffs sale was stayed by the debtor’s bankruptcy filing. The Trustee sold the real estate and, at the closing, the mortgagee sought to collect a commission to be forwarded to the…
2Cases cited23 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- Nationwide Mut. Ins. Co. v. BuffettaCourt of Appeals for the Third Circuit · 2000
- State Farm Mutual Automobile Insurance Company v. Leonard Coviello Mary Coviello, H/w Ann CovielloCourt of Appeals for the Third Circuit · 2000
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3Cited by3 opinions
- Youngman v. Fleet Bank, N.A. (In Re a & P Diversified Technologies Realty, Inc.Court of Appeals for the Third Circuit · 2006
- Dobin v. Golden (In re Smith)United States Bankruptcy Court, D. New Jersey · 2019
- SB BUILDING ASSOCIATES LTD PARTNERSHIP v. IRON MOUNTAIN INFORMATION MGMT., LLCDistrict Court, D. New Jersey · 2020