Legal Opinion

In re Biery

United States Bankruptcy Court, E.D. Kentucky

Decided December 11, 2015No. CASE NO. 10-23338PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER GRANTING, IN PART, DEBTORS’ MOTION FOR CLASS CERTIFICATION

Tracey N. Wise, Bankruptcy Judge

Debtors Kenneth1 and Sandra Biery (“Debtors”) received a Chapter 7 discharge shortly after filing bankruptcy. That discharge extinguished their personal liability on their home mortgage, and enjoined Debtors’ mortgagee, Beneficial Kentucky, Inc. (“Beneficial”), and mortgage servicer, HSBC Mortgage Services, Inc. (“HSBC” and collectively with Beneficial, “Respondents”), from collecting the debt as a personal liability. Debtors’ bankruptcy -did not, however, extinguish…

2Cases cited75 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  3. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  4. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  5. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911

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3Cited by11 opinions

  1. In re JosephUnited States Bankruptcy Court, E.D. Kentucky · 2018
  2. In re JonesUnited States Bankruptcy Court, E.D. Kentucky · 2019
  3. In re SharakUnited States Bankruptcy Court, N.D. New York · 2017
  4. Hannah Tenise WeaverUnited States Bankruptcy Court, E.D. Michigan · 2023
  5. Hughes v. MTGLQ Investors, LP c/o CT Corporation System et aUnited States Bankruptcy Court, M.D. North Carolina · 2024

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