Legal Opinion

Baldwin v. Credit Based Asset Servicing & Securitization

Court of Appeals for the Eighth Circuit

Decided February 25, 2008No. 07-1084PublishedCited by 31 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Alvin Leroy Baldwin, debtor, appeals the Bankruptcy Appellate Panel’s denial of his motion to rescind the bankruptcy court’s dismissal of his Chapter 13 case. Having jurisdiction under 28 U.S.C. § 158(d)(1), this court reverses and remands.

Since 1996, Baldwin has filed eight Chapter 13 bankruptcy cases, all of which were dismissed before confirmation of a plan. After four of the filings, in May 2002, Baldwin and the predecessor of Credit Based Asset Servicing and Securiti-zation (CBASS) entered into a home loan. After the dismissal of his sixth Chapter 13 case, CBASS…

2Cases cited11 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Charles Richard Stone v. Rick Harry Anita Schlank Deborah Konieska Rhonda Heskin Amy Anderson Lori Parkos Jim LindCourt of Appeals for the Eighth Circuit · 2004
  3. Terry Wayne Sanders v. Clemco Industries and Ingersoll-Rand CompanyCourt of Appeals for the Eighth Circuit · 1988
  4. Sholdan v. DietzCourt of Appeals for the Eighth Circuit · 1997
  5. In Re: Papio Keno Club, Inc., Debtor. Papio Keno Club, Inc. v. City of PapillionCourt of Appeals for the Eighth Circuit · 2001

6 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Johnson v. ArdenCourt of Appeals for the Eighth Circuit · 2010
  2. Espinosa v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2008
  3. SLW Capital, LLC v. Mansaray-RuffinCourt of Appeals for the Third Circuit · 2008
  4. Kennedy ex rel. Kennedy v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
  5. Wilburn v. AstrueCourt of Appeals for the Eighth Circuit · 2010

26 more not listed; retrieve them via the Exa API.

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