Legal Opinion

In Re Wilkinson

United States Bankruptcy Court, W.D. Texas

Decided July 22, 2011No. 19-60097PublishedCited by 8 opinions

1Opinion of the Court

Memorandum Decision on Motion for Reconsideration of Order Disallowing Claim

LEIF M. CLARK, Bankruptcy Judge.

Marix, as the mortgage servicer and attorney-in-fact for EMC Mortgage (“EMC”), has requested reconsideration, pursuant to section 502(j) of the Bankruptcy Code and/or Rule 60(b) of the Federal Rules of Civil Procedure (applicable in bankruptcy by virtue of Rule 9024 of the Federal Rules of Bankruptcy Procedure), of an order sustaining the chapter 7 trustee’s objection to EMC’s claim. The order disallowed the claim in its entirety. This decision constitutes the court’s findings of fact…

2Cases cited38 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  3. Edward H. Bohlin Co., Inc. v. Banning Co., Inc.Court of Appeals for the Fifth Circuit · 1993
  4. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
  5. United States v. TorresCourt of Appeals for the Tenth Circuit · 2004

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3Cited by8 opinions

  1. In re Vivaro Corp.United States Bankruptcy Court, S.D. New York · 2015
  2. SunTrust Bank v. Braden (In re Braden)United States Bankruptcy Court, S.D. Georgia · 2014
  3. Brenda Ruth SimpsonUnited States Bankruptcy Court, D. New Mexico · 2022
  4. Ledy J. Madero v. State of Connecticut Department of Revenue Services and Roberta Napoliano, Chapter 13 Trustee; Ledy J. Madero v. US Small Business Administration; City of Milford; Viora Inc. aka Sinclair; and Roberta Napoliano, Chapter 13 TrusteeUnited States Bankruptcy Court, D. Connecticut · 2026
  5. Lois Business Development Corporation and New CineworldUnited States Bankruptcy Court, S.D. Texas · 2024

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