Legal Opinion

In re Benyamin

United States Bankruptcy Court, S.D. New York

Decided July 2, 2018No. Case No. 17–12677 (MG)PublishedCited by 8 opinions

1Opinion of the Court

MARTIN GLENN UNITED STATES BANKRUPTCY JUDGE

Pending before the Court is the objection (the "Objection," ECF Doc. # 29) filed by the debtors Daniel Benyamin and Lucy Benyamin (the "Debtors") to Claim # 5-1 (the "Claim") filed by Ditech Financial LLC ("Ditech") for $455,424.72. The issue here is important and straightforward. The Debtors signed the promissory note, a New York Fixed Rate Note, on December 3, 2003, in favor of IndyMac Bank, F.S.B. ("IndyMac"), secured by a mortgage on their condominium located at 319 East 105 Street, Unit # 5E, New York, New York 10029 (the "Property"). At some…

2Cases cited21 opinions

  1. Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
  2. In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
  3. Mortgage Electronic Registration System, Inc. v. CoakleyAppellate Division of the Supreme Court of the State of New York · 2007
  4. Wells Fargo Bank, NA v. OstiguyAppellate Division of the Supreme Court of the State of New York · 2015
  5. In Re ParrishUnited States Bankruptcy Court, N.D. Ohio · 2005

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3Cited by8 opinions

  1. In re BenyaminUnited States Bankruptcy Court, S.D. New York · 2019
  2. In re PinnockUnited States Bankruptcy Court, S.D. New York · 2018
  3. Debra L. LorenzenUnited States Bankruptcy Court, N.D. Ohio · 2021
  4. Fragala v. PryorDistrict Court, E.D. New York · 2024
  5. In re: Monica Rhea ThornUnited States Bankruptcy Court, S.D. New York · 2026

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

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