Legal Opinion
In re Carrsow-Franklin
United States Bankruptcy Court, S.D. New York
Decided January 29, 2015No. Case No. 10-20010 (RDD)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON DEBTOR’S OBJECTION TO CLAIM OF WELLS FARGO BANK, NA
HON.ROBERT D. DRAIN, UNITED STATES BANKRUPTCY JUDGE
The debtor herein (the “Debtor”) has objected to a claim filed in this case by Wells Fargo Bank, NA (‘Wells Fargo”), Claim No. 1-2, dated September 29, 2010 (amending Claim No. 1-1), on the basis that Wells Fargo is not the holder or owner of the note and beneficiary of the deed of trust upon which the claim is based and therefore lacks standing to assert the claim.1 This Memorandum of Decision states the Court’s reasons, based on the record of the trial held on…
2Cases cited38 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- In Re Manville Forest Products Corporation, Debtor. Gulf States Exploration Co. v. Manville Forest Products CorporationCourt of Appeals for the Second Circuit · 1990
- Carpenter v. LonganSupreme Court of the United States · 1873
- People v. RichettiNew York Court of Appeals · 1951
- Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
33 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re BrownUnited States Bankruptcy Court, D. South Carolina · 2019
- Ernest Ray Koonce v. Wells Fargo Bank, N.A., as Trustee Under the Pooling and Servicing Agreement Dated as of April 1, 2005, Asset Backed Pass-Through Certificates, Series 2005-WHQ2, Texas Court of Appeals, 1st District (Houston)2015
- In re: Elena Albertovna FedorovaUnited States Bankruptcy Court, W.D. Michigan · 2025
- in Re Ernest Ray Koonce, Texas Court of Appeals, 1st District (Houston)2015