Legal Opinion

In re Residential Capital, LLC

United States Bankruptcy Court, S.D. New York

Decided July 24, 2014No. Case No. 12-12020 (MG) Jointly AdministeredPublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER SUSTAINING IN PART AND OVERRULING IN PART OBJECTION TO PROOF OF CLAIM 386

MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE

Barry and Cheryl Mack bought a home in Florida in 2006. By 2009, they realized that they could no longer afford their mortgage payments. They contacted their loan servicer — GMAC Mortgage LLC (“GMACM”) — to obtain a loan modification. Rather than working out a modification with the Macks, GMACM started foreclosure proceedings and hired a notorious Florida attorney (since disbarred) to bring the foreclosure action in the name of Deutsche Bank Trust…

2Cases cited37 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
  3. Federal Aviation Administration v. CooperSupreme Court of the United States · 2012
  4. In Re: Enron Corp. Midland Cogeneration Venture Limited Partnership v. Enron Corp., the Official Committee of Unsecured Creditors, MovantCourt of Appeals for the Second Circuit · 2005
  5. United States of America, Cross-Appellant v. Joseph P. Balistrieri and Angelina J. Hurdelbrink, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1993

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3Cited by24 opinions

  1. Sutton v. CitiMortgage, Inc.District Court, S.D. New York · 2017
  2. Tanasi v. CitiMortgage, Inc.District Court, D. Connecticut · 2017
  3. Lage v. Ocwen Loan Servicing LLCDistrict Court, S.D. Florida · 2015
  4. Ntch-Wa, Inc. v. Zte Corp.Court of Appeals for the Ninth Circuit · 2019
  5. In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2014

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