Legal Opinion
Rhonda J. Lewallen v. Green Tree Servicing, L.L.C. U.S. Bank Trust National Association, as Trustee for Conseco Finance Home Equity Loan Trust
Court of Appeals for the Eighth Circuit
Decided June 4, 2007No. 06-1925PublishedCited by 75 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
Rhonda J. Lewallen filed for Chapter 13 bankruptcy to avoid foreclosure on her home. Green Tree Servicing, L.L.C., filed a proof of claim against the estate representing the balance on her home equity loan, interest, and various fees. Lewallen objected to Green Tree’s claim and ulti mately filed an adversary proceeding against Green Tree and U.S. Bank in the bankruptcy court alleging that Green Tree, as servicer of the loan, lacked standing to make a claim, that it overestimated her debt, and that its handling of her account violated various consumer protection…
2Cases cited10 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
- Fed. Sec. L. Rep. P 92,406 R. Stockton Rush, III v. Oppenheimer & Co., and Scott SeskisCourt of Appeals for the Second Circuit · 1985
- Leadertex, Inc. v. Morganton Dyeing & Finishing Corp.Court of Appeals for the Second Circuit · 1995
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Perry Homes v. CullTexas Supreme Court · 2008
- Paige Martin v. Gary YasudaCourt of Appeals for the Ninth Circuit · 2016
- Mark Donelson v. Ameriprise Financial Svcs, IncCourt of Appeals for the Eighth Circuit · 2021
- Hooper v. Advance America, Cash Advance Centers of Missouri, Inc.Court of Appeals for the Eighth Circuit · 2009
- Superior Edge, Inc. v. Monsanto Co.District Court, D. Minnesota · 2013
70 more not listed; retrieve them via the Exa API.