Legal Opinion

Canning v. Beneficial Maine, Inc.

Bankruptcy Appellate Panel of the First Circuit

Decided December 12, 2011No. BAP No. EP 11-034; Bankruptcy No. 09-20263-JBH; Adversary No. 09-02080-JBHPublishedCited by 6 opinions

1Opinion of the Court

TESTER, Bankruptcy Judge.

The debtors, Ralph G. Canning, III and Megan L. Canning (collectively “the Can-nings”), appeal from a bankruptcy court judgment holding that Beneficial Maine, Inc., HSBC Mortgage Services, Inc., and HSBC Mortgage Corporation (collectively “Beneficial”)1 did not violate the discharge injunction by refusing to foreclose or release its mortgage lien on the Cannings’ residence. For the reasons set forth below, the judgment of the bankruptcy court is AFFIRMED.

BACKGROUND2

On May 23, 2007, the Cannings granted Beneficial a mortgage on their residence located at 12 Bougie…

2Cases cited17 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  3. Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
  4. Perez Ruiz v. Crespo GuillenCourt of Appeals for the First Circuit · 1994
  5. Pratt v. General Motors Acceptance Corp. (In Re Pratt)Court of Appeals for the First Circuit · 2006

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3Cited by6 opinions

  1. Canning, III v. Beneficial Maine, Inc.Court of Appeals for the First Circuit · 2013
  2. Best v. Nationstar Mortgage LLC (Best)Bankruptcy Appellate Panel of the First Circuit · 2015
  3. Rosado v. Banco Popular De Puerto RicoBankruptcy Appellate Panel of the First Circuit · 2017
  4. United States v. Monahan (In re Monahan)Bankruptcy Appellate Panel of the First Circuit · 2013
  5. Collins v. Wealthbridge Mortgage Corp. (In re Collins)United States Bankruptcy Court, D. Maine · 2012

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

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