Baldwin v. Credit Based Asset Servicing & Securitization

BENTON, Circuit Judge.

Alvin Leroy Baldwin, debtor, appeals the Bankruptcy Appellate Panel’s denial of his motion to rescind the bankruptcy court’s dismissal of his Chapter 13 case. Having jurisdiction under 28 U.S.C. § 158(d)(1), this court reverses and remands.

Since 1996, Baldwin has filed eight Chapter 13 bankruptcy cases, all of which were dismissed before confirmation of a plan. After four of the filings, in May 2002, Baldwin and the predecessor of Credit Based Asset Servicing and Securiti-zation (CBASS) entered into a home loan. After the dismissal of his sixth Chapter 13 case, CBASS…