Legal Opinion

Litton Loan Servicing, L.L.P. v. Eads (In Re Eads)

United States Bankruptcy Court, E.D. Texas

Decided September 18, 2009No. 19-40545PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

BRENDA T. RHOADES, Bankruptcy Judge.

In this action, the disputed issue is whether a default order entered by this Court in the underlying bankruptcy case entitles Debbie Eads (the “Debtor”) to a free house. Litton Loan Servicing, L.L.P. (“Litton”) seeks to set aside the order pursuant to Federal Rule of Civil Procedure (“Rule”) 60(b). The Debtor opposes Litton’s Rule 60(b) request, arguing that defects in the mortgage loan documents prevent the enforcement of the lien and that the lien was not created in accordance with the Texas Constitution. The Debtor also asserts the…

2Cases cited62 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  4. Klapprott v. United StatesSupreme Court of the United States · 1949
  5. Owen v. OwenSupreme Court of the United States · 1991

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3Cited by10 opinions

  1. Gulley v. Countrywide Home Loans, Inc. (In Re Gulley)United States Bankruptcy Court, N.D. Texas · 2010
  2. In Re WilkinsonUnited States Bankruptcy Court, W.D. Texas · 2011
  3. Countrywide Home Loans, Inc. v. WilkersonDistrict Court, D. Hawaii · 2009
  4. In Re DonsonUnited States Bankruptcy Court, S.D. Texas · 2010
  5. Warren v. PNC Bank, Inc. (In re Warren)United States Bankruptcy Court, S.D. Georgia · 2013

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