Legal Opinion

Hopkins v. Suntrust Mortgage, Inc. (In Re Ellis)

United States Bankruptcy Court, D. Idaho

Decided September 16, 2010No. 19-40229PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

Twenty days after filing a chapter 7 petition, 1 Brandon and Anita Ellis (“Debtors”) refinanced and consolidated existing first and second mortgages on their primary residence into a single, new mortgage held by Suntrust Mortgage, Inc. (“Suntrust”), the same company that held the pre-petition liens. This transaction was accomplished without notice to, or the permission of, either the chapter 7 trustee, R. Sam Hopkins (“Trustee”), or this Court. When Trustee learned of this, he commenced an adversary proceeding against Suntrust…

2Cases cited22 opinions

Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
Acequia, Inc. v. Clinton (In re Acequia, Inc.)Court of Appeals for the Ninth Circuit · 1994
In the Matter of Martha Jo Pointer, Debtor. City of Farmers Branch and Carrollton-Farmers Branch Independent School District v. Martha Jo PointerCourt of Appeals for the Fifth Circuit · 1992
In Re Kristine Ballantyne Ewell, Debtor. Kristine Ballantyne Ewell, Debtor-Appellant v. Steven D. Diebert, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1992

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

3Cited by16 opinions

Rushton v. Bank of Utah (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
Western States Glass Corp. v. Barris (In Re Bay Area Glass, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
Morton v. Kievit (In Re Vallecito Gas, LLC)United States Bankruptcy Court, N.D. Texas · 2011
Rainsdon v. Davisco Foods International, Inc. (In re Azevedo)United States Bankruptcy Court, D. Idaho · 2013
Hopkins v. Idaho State University Credit Union (In Re Herter)United States Bankruptcy Court, D. Idaho · 2011

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