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IN RE RODRIGUEZ

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

421 B.R. 356 (2009)

In re Ydalia RODRIGUEZ; aka Rodriguez; aka Pardo, Debtors. Ydalia Rodriguez, et al., Plaintiffs, v. Countrywide Home Loans, Inc., Defendants.

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

December 9, 2009.

Attorney(s) appearing for the Case

Ellen C. Stone, The Stone Law Firm PC, McAllen, TX, Gary Klein, Shennan Alexandra Kavanagh, Roddy Klein & Ryan, Boston, MA, Karen L. Kellett, The Kellett Law Firm, Dallas, TX, for Plaintiffs.

Barbara E. Rutkowski, Goodwin Procter, David L. Permut, Washington, DC, Elizabeth Carol Freeman, Porter & Hedges, L.L.P., Thomas H. Grace, Spencer Crain Cubbage Healy & McNamara, Houston, TX, Thomas A. Connop, Locke Lord Bissell & Liddell LLP, Dallas, TX, for Defendant.

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

For the reasons set forth below, the Court grants, in part, and denies, in part, Countrywide's Motion for Summary Judgment.

Background

This lawsuit concerns whether Countrywide Home Loans, Inc. (now BAC Home Loans Servicing, LP) impermissibly attempted to foreclose on homes owned by individuals who had recently completed chapter 13 bankruptcy cases. Plaintiffs allege that Countrywide...

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