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IN RE KEMP

Bankruptcy No. 08-18700-JHW. Adversary No. 08-2448.

440 B.R. 624 (2010)

In the Matter of John T. KEMP, Debtor. John T. Kemp, Plaintiff v. Countrywide Home Loans, Inc., Defendant.

United States Bankruptcy Court, D. New Jersey.

November 16, 2010.

Attorney(s) appearing for the Case

Bruce H. Levitt, Esq., Levitt & Slafkes, PC, South Orange, NJ, for Debtor.

Harold Kaplan, Esq., Dori L. Scovish, Esq., Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, West Orange, NJ, for Defendant.

OPINION

JUDITH H. WIZMUR, Chief Judge.

Before the court for resolution is the debtor's adversary complaint seeking to expunge the proof of claim filed on behalf of the Bank of New York by Countrywide Home Loans, Inc. as servicer. The debtor challenges the creditor's opportunity to enforce the obligation alleged to be due, based primarily on the fact that the underlying note executed by the debtor was not properly indorsed to the transferee, and was never...

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