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IN RE VALDELLON

BAP No. EC-24-1086-GCB Bk. No. 14-22555 Adv. No. 21-08008.

665 B.R. 420 (2024)

IN RE: Melanio L. VALDELLON and Ellen C. Valdellon, Debtors. Melanio L. Valdellon; Ellen C. Valdellon, Appellants, v. PHH Mortgage Corporation; Impac CMB Trust Series 2005-6; Wells Fargo Bank, N.A., as Indenture Trustee under the Indenture Relating to the Impac CMB Trust Series 2005-6, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

December 20, 2024.

Attorney(s) appearing for the Case

Mark A. Wolff of Wolff & Wolff, Elk Grove, argued for appellants;

Neil J. Cooper of Houser LLP, Irvine, argued for appellees.

Before: GAN, CORBIT, and BRAND, Bankruptcy Judges.

OPINION

INTRODUCTION

Chapter 131 debtors Melanio L. Valdellon and Ellen C. Valdellon ("Debtors") completed their plan and received a discharge. Although the plan provided for payment of arrears and cure of their mortgage default, Debtors allege that mortgage servicer PHH Mortgage...

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