Monday, December 20, 2010

In Re Kemp

In re: Kemp

A claim filed by a mortgage servicer would be disallowed when that creditor did not have possession of the note and the note was not endorsed to the creditor at the time the claim was filed.
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In the Matter of John T. Kemp, Debtor.


John T. Kemp, Plaintiff,
v.
Countrywide Home Loans, Inc., Defendant.
Case No. 08-18700-JHW, Adversary No. 08-2448.
United States Bankruptcy Court, D. New Jersey.
November 16, 2010.
Bruce H. Levitt, Esq. Levitt & Slafkes, PC, South Orange, New Jersey, Counsel for the Debtor.
Harold Kaplan, Esq. Dori L. Scovish, Esq. Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, West Orange, New Jersey, Counsel for the Defendant.
 
391 B.R. 262 (2008)

In the matter of John T. KEMP, Debtor.
No. 08-18700/JHW.
United States Bankruptcy Court, D. New Jersey.
July 17, 2008.
263*263 Steven N. Taieb, Esq., Mt. Laurel, NJ, for the Debtor.