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New From State Bar Insolvency Law Committee
The case looks to be is First Citizens Nat'l Bank v. Amanda (In re Trimble)
decided in August 2012. I just havent pulled it up yet.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
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I wanted to read the actual opinion, but the link is bad.
ND Miss. cases with a "Trimble" filed in 2012 are 1:12-bk-10615 and
1:12-bk-13115, neither of which has 523 litigation in the docket.
________________________________
The post was migrated from Yahoo.
Might be a rare occurrence here with the 'one action rule' and
anti-deficiency statutes.
On Thu, Jan 10, 2013 at 11:22 AM, Desiree Causey wrote:
> **
>
>
> Does anyone else find this to be a stunning decision? Because I do.
> Will we now have lenders combing through loan applications looking for
> mistakes in order to obtain nondischargeable deficiency judgments?****
>
> ** **
>
> * *
>
> Desiree Causey, Esq.****
>
> Law Office of Desiree Causey****
>
> 17011 Beach Blvd., Suite 900****
>
> Huntington Beach, CA 92647****
>
> ** **
>
> 714-375-6663****
>
> 714-908-7646 (fax)****
>
> ** **
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *JLG
> *Sent:* Thursday, January 10, 2013 10:56 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] New From State Bar Insolvency Law Committee****
>
> ** **
>
> ****
>
> The U.S. Bankruptcy Court for the Northern District of Mississippi has
> held that a lender's deficiency judgment was nondischargeable pursuant to
> 11 U.S.C. 523(a)(2)(B) where the debtor/borrower misstated her monthly
> income in a "stated income/stated asset" loan application to purchase real
> property. In re Trimble (Bankr. N.D. Miss. Aug. 24, 2012). To read the
> decision, click (Trimble)
> http://www.msnd.uscourts.gov/bk/opinion ... le-op1.pdf****
>
> ****
>
>
>
Christine A. Wilton, Esq.
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The post was migrated from Yahoo.
Does anyone else find this to be a stunning decision? Because I do. Will
we now have lenders combing through loan applications looking for mistakes
in order to obtain nondischargeable deficiency judgments?
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
The post was migrated from Yahoo.
The U.S. Bankruptcy Court for the Northern District of Mississippi has held that a lender's deficiency judgment was nondischargeable pursuant to 11 U.S.C. 523(a)(2)(B) where the debtor/borrower misstated her monthly income in a "stated income/stated asset" loan application to purchase real property. In re Trimble (Bankr. N.D. Miss. Aug. 24, 2012). To read the decision, click (Trimble) http://www.msnd.uscourts.gov/bk/opinion ... le-op1.pdf
The post was migrated from Yahoo.