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IN RE HARDAWAY

Bankruptcy Nos. 08-10880-DWH, 08-13736-DWH. Adversary No. 09-1156-DWH.

421 B.R. 226 (2010)

In re Roosevelt HARDAWAY and Carolyn Hardaway, Debtors. In re Ella Joe Walker, Debtor. Locke D. Barkley, in her official capacity as Chapter 13 Trustee; Terre M. Vardaman, in her official capacity as Chapter 13 Trustee; and Locke D. Barkley and Terre M. Vardaman, on behalf of those similarly situated, Plaintiffs v. Homecomings Financial, LLC and GMAC Mortgage, LLC, Defendants.

United States Bankruptcy Court, N.D. Mississippi.

January 5, 2010.

Attorney(s) appearing for the Case

Karen B. Schneller, Holly Springs, MS, for Debtors.

William C. Cunningham, Columbus, MS, for Debtor.

OPINION

DAVID W. HOUSTON, III, Bankruptcy Judge.

On consideration before the court is a motion to dismiss, filed pursuant to Rule 12(b)(1) and Rule 12(b)(6), Federal Rules of Civil Procedure, by the defendants, Homecomings Financial, LLC, ("Homecomings") and GMAC Mortgage, LLC, ("GMAC"); a response thereto having been filed by the plaintiff trustees, Locke D. Barkley and Terre M. Vardaman; and the court, having heard and considered same, hereby finds...

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