Legal Opinion

Shaw v. Federal Mortgage & Investment Corp. (In Re Shaw)

United States Bankruptcy Court, D. New Jersey

Decided March 22, 1994No. 19-11976PublishedCited by 10 opinions

1Opinion of the Court

OPINION

NOVALYN L. WINFIELD, Bankruptcy Judge.

Clarence E. Shaw and Betty Shaw (“Shaws” or “Debtors”), filed a Complaint to cancel a second mortgage held by Federal Mortgage and Investment Corp. (“Federal”) and to disallow Federal’s proof of claim. In response, Federal filed an Answer and asserted a counterclaim against the Shaws. Federal also filed an Amended Answer. Before the Court is the Shaws’ motion requesting Partial Summary Judgment on the following counts: Count 1, Assignee Liable for Claims and Defenses; Count 4, NJ Retail Installment Sales Act; Count 5, Equitable Rescission; Count 6,…

2Cases cited30 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  5. Bull v. United StatesSupreme Court of the United States · 1935

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3Cited by10 opinions

  1. Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
  2. Beach v. Great Western BankSupreme Court of Florida · 1997
  3. Soto v. PNC Bank (In Re Soto)United States Bankruptcy Court, E.D. Pennsylvania · 1998
  4. Roberson v. Cityscape Corp. (In Re Roberson)United States Bankruptcy Court, E.D. Pennsylvania · 2001
  5. Botelho v. Citicorp Mortgage, Inc. (In Re Botelho)United States Bankruptcy Court, D. Massachusetts · 1996

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