Legal Opinion

In Re Bardell

United States Bankruptcy Court, N.D. West Virginia

Decided February 8, 2007No. 05-06808PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

This matter came before the court on the motion of Jonathan Jerome Bardell (the “Debtor”) requesting that Branch Banking & Trust, Riverside Trustee Company, and Draper & Goldberg, PLLC (the “Creditor”) be held in contempt of court for rejecting the Debtor’s post-petition mortgage payments. The Creditor filed a response to the motion asserting that refusal to accept payments was not a contemptuous act because the property subject to the mortgage had been sold at a foreclosure sale; therefore, the Debtor no longer had any right, title, or…

2Cases cited25 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  3. In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. MorrisCourt of Appeals for the Sixth Circuit · 2001
  4. Fayette County National Bank v. LillyWest Virginia Supreme Court · 1997
  5. Norma I. Colon, Debtor-Appellant v. Option One Mortgage Corporation, And/or Its AssignsCourt of Appeals for the Seventh Circuit · 2003

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3Cited by2 opinions

  1. In Re BardellDistrict Court, N.D. West Virginia · 2007
  2. Coots v. Ford Motor Credit Company LLCUnited States Bankruptcy Court, N.D. West Virginia · 2019

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