Legal Opinion
Kemp v. Countrywide Home Loans, Inc. (In Re Kemp)
United States Bankruptcy Court, D. New Jersey
Decided November 16, 2010No. 19-12048PublishedCited by 20 opinions
1Opinion of the Court
OPINION
JUDITH H. WIZMUR, Chief Judge.
Before the court for resolution is the debtor’s adversary complaint seeking to expunge the proof of claim filed on behalf of the Bank of New York by Countrywide Home Loans, Inc. as servicer. The debtor challenges the creditor’s opportunity to enforce the obligation alleged to be due, based primarily on the fact that the underlying note executed by the debtor was not properly indorsed to the transferee, and was never placed in the transferee’s possession. Under the New Jersey Uniform Commercial Code, the note, as a negotiable instrument, is not enforceable…
2Cases cited9 opinions
- In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
- James H. Greer v. Linda A. O'DellCourt of Appeals for the Eleventh Circuit · 2002
- In Re Conde-DedonatoUnited States Bankruptcy Court, E.D. New York · 2008
- Premier Capital, LLC v. Gavin (In Re Gavin)Bankruptcy Appellate Panel of the First Circuit · 2004
- Mulert v. National Bank of TarentumCourt of Appeals for the Third Circuit · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re WalkerUnited States Bankruptcy Court, E.D. Pennsylvania · 2012
- In Re SmoakUnited States Bankruptcy Court, S.D. Ohio · 2011
- In Re AlcideUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
- In re PhillipsUnited States Bankruptcy Court, D. Nevada · 2013
- Faulkner v. M & T Bank (In re Faulkner)United States Bankruptcy Court, E.D. Pennsylvania · 2018
15 more not listed; retrieve them via the Exa API.