Legal Opinion

Schmid v. Bank of America, N.A. (In re Schmid)

United States Bankruptcy Court, W.D. Wisconsin

Decided April 24, 2013No. Bankruptcy No. 10-12142-13; Adversary No. 12-160PublishedCited by 10 opinions

1Opinion of the Court

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, DEFENDANT’S MOTION TO DISMISS, AND PLAINTIFF’S OBJECTION TO CLAIM

CATHERINE J. FURAY, Bankruptcy Judge.

The Debtor and Plaintiff, Suzannah Meta Schmid (“Debtor”), filed an objection *741to Claim No. 2 filed by BAC Home Loans Servicing, LP (“BAC”), now known as Bank of America as a successor by merger (“BANA”), contending that BAC “is not the real party in interest” and that it “owns neither the promissory note nor the mortgage.”1 The Debtor then filed this…

2Cases cited40 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  5. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005

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3Cited by10 opinions

  1. In re NoraCourt of Appeals for the Seventh Circuit · 2015
  2. Ogilvie v. Nationstar Mortgage LLCUnited States Bankruptcy Court, M.D. Pennsylvania · 2015
  3. Davis v. Bank of Am., N.A. (In re Davis)United States Bankruptcy Court, M.D. Pennsylvania · 2019
  4. In re StincicUnited States Bankruptcy Court, W.D. Wisconsin · 2016
  5. IYS Ventures, LLC v. Itria Ventures, LLC, et al.United States Bankruptcy Court, N.D. Illinois · 2024

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