Legal Opinion

Kimbrell Realty/Jeth Court, LLC v. Federal National Mortgage Ass'n (In re Kimbrell Realty/Jeth Court, LLC)

United States Bankruptcy Court, C.D. Illinois

Decided December 7, 2012No. Bankruptcy No. 12-81454; Adversary No. 12-8047PublishedCited by 2 opinions

1Opinion of the Court

*682 OPINION

THOMAS L. PERKINS, Chief Judge.

This matter is before the Court on the motion for summary judgment filed by the Plaintiff, Kimbrell Realty/Jeth Court, LLC (DEBTOR), against the Defendant, Federal National Mortgage Association (FANNIE MAE). The Complaint seeks a declaratory judgment that a prepayment premium, default interest and certain additional charges sought to be imposed by FANNIE MAE are impermissible. The motion addresses only the prepayment premium and default interest. This is a core proceeding, both statutorily and constitutionally, under 28 U.S.C. § 157(b)(2)(B) and (K).

FACTU…

2Cases cited38 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
  3. Gallagher v. LenartIllinois Supreme Court · 2007
  4. Blount v. StroudIllinois Supreme Court · 2009
  5. Phoenix Insurance v. RosenIllinois Supreme Court · 2011

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

3Cited by2 opinions

  1. Republic Services of Indiana v. Coe Heating & Air Conditioning, Inc.District Court, N.D. Indiana · 2023
  2. S&C Electric Company v. Earthshine Corp.District Court, N.D. Illinois · 2025

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