James H. Greer v. Linda A. O'Dell
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
COWEN, Circuit Judge:
At issue in this case is whether a loan servicer may appear in Bankruptcy Court to protect a claim relating to the debt that it services. We conclude that a loan servi-cer is a “real party in interest” with standing to conduct, through licensed counsel, the legal affairs of the investor relating to the debt that it services. We will affirm the order of the District Court reversing the Bankruptcy Court’s order that the loan servicer had engaged in the unauthorized practice of law because the loan servicer had neither actual or legal authority to act on behalf of its…
2Cases cited8 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- In Re TainanUnited States Bankruptcy Court, E.D. Pennsylvania · 1985
- Lockwood v. Snookies, Inc. (In re F.D.R. Hickory House, Inc.)Court of Appeals for the Eleventh Circuit · 1995
- Kenrich Corp. Ex Rel. Kline v. MillerDistrict Court, E.D. Pennsylvania · 1966
- New York Life Ins. v. HortonCourt of Appeals for the Fifth Circuit · 1925
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3Cited by49 opinions
- In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
- Barben v. Donovan (In Re Donovan)Court of Appeals for the Eleventh Circuit · 2008
- In Re AgardUnited States Bankruptcy Court, E.D. New York · 2011
- Mortgage Electronic Registration v. AzizeDistrict Court of Appeal of Florida · 2007
- CWCapital Asset Management, LLC v. Chicago Properties, LLCCourt of Appeals for the Seventh Circuit · 2010
44 more not listed; retrieve them via the Exa API.