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IN RE RODERICK

No. 09-22866-C-7. DC No. PD-1.

425 B.R. 556 (2010)

In re Paul Dewayne RODERICK and Cynthia Lee Roderick, Debtor(s).

United States Bankruptcy Court, E.D. California.

March 8, 2010.

Attorney(s) appearing for the Case

Pite, Duncan, LLP, Erin L. Laney, Josephine Salmon, San Diego, CA, for movant Wells Fargo Home Mortgage, Inc., as Servicing Agent for Wells Fargo Bank, N.A.

Paul Dewayne Roderick and Cynthia Lee Roderick, Marysville, CA, debtors, appearing in propria persona.

KLEIN, Bankruptcy Judge:

Chapter 7 debtors acting in good faith to negotiate a reaffirmation agreement that modifies their mortgage invoke Federal Rule of Bankruptcy Procedure 4004(c)(2) to defer discharge and thereby defer expiration of the automatic stay per 11 U.S.C. § 362(c)(2)(C) until the mortgagee decides whether to allow mortgage modification. The mortgagee acknowledges it has repeatedly requested, received, and mislaid the same information from the debtors...

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