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IN RE RODRIGUEZ

Bankruptcy No. 02-10605. Adversary No. 08-01004.

396 B.R. 436 (2008)

In re Ydalia RODRIGUEZ; aka Idalia Rodriguez; aka Ydalia Pardo, Debtor(s) Ydalia Rodriguez, et al, Plaintiff(s) v. Countrywide Home Loans, Inc., Defendant(s).

United States Bankruptcy Court, S.D. Texas, Brownsville Division.

September 18, 2008.

Attorney(s) appearing for the Case

Ellen C. Stone, The Stone Law Firm PC, McAllen, TX, Ellen C. Stone, The Stone Law Firm, P.C., Brownsville, TX, Karen L. Kellett, Attorney at Law, Dallas, TX, for Plaintiff(s).

Barbara E. Rutkowski, David L. Permut, Goodwin Procter, Washington, DC, Elizabeth Carol Freeman, Thomas H. Grace, Locke Lord Bissell & Liddell LLP, Houston, TX, for Defendant(s).

Memorandum Opinion

MARVIN ISGUR, Bankruptcy Judge.

For nearly a century, the Supreme Court has recognized that individual debtors who successfully emerge from bankruptcy should receive a fresh start. Williams v. U.S. Fidelity & Guar., Co., 236 U.S. 549, 554, 555, 35 S.Ct. 289, 290, 59 L.Ed. 713 (1915).

The fresh start "gives to the honest but unfortunate debtor who surrenders for distribution the...

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