Saturday, December 5, 2015
(Unpublished) - Tolliver v. CitiMortgage et al., Adversary Proceeding No. 15-01322 HRT; Order entered December 3, 2015 (11 U.S.C. 362).
The Debtor filed an adversary proceeding against the servicer of his mortgage, and the law firm and individually-named attorneys employed by the law firm representing the servicer, which had instituted a foreclosure proceeding after the Debtor's case was dismissed and before it was reinstated. The Court found that the defendants' actions did not violate any stay that may have been reimposed on the reinstatement of the Debtor's Chapter 13 case. The Debtor's complaint, seeking sanctions under 11 U.S.C. § 362(k)(1), was dismissed. Because the Debtor did not respond to the servicer's motion for relief from stay, the Court granted that relief by separate order.
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