D. Massachusetts· 8/19/2008
In Re Hayes
Citations
- 393 B.R. 259
- 60 Collier Bankr. Cas. 2d 212
- 2008 Bankr. LEXIS 2191
- 2008 WL 3870820
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that courts “have held that mortgage servicers are parties in interest with standing by virtue of their pecuniary interest in collecting payments under the terms of the notes and mortgages they service”
- stating that mortgage servicers are parties in interest, but finding that the servicer lacked standing to prosecute a motion for relief from the automatic stay because it did not establish that its principal was the mortgage holder
- “To have standing to seek relief from the automatic stay, [movant] Deutsche Bank was required to establish that it is a party in interest and that its rights are not those of another entity.”
- a mortgage assignment was invalid because it was not one of the two kinds of mortgage assignments that the limited power of attorney specifically authorized the attorney-in-fact to execute
Source: CourtListener parenthetical corpus (CC0).
Judges: Joan N. Feeney
Read full opinion on CourtListenerCited by
12 cases in this archive cite this case.
- Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)Ninth Circuit· 2011-06-10· cited 288×
- In Re MinbatiwallaS.D. New York· 2010-03-01· cited 64×
- In Re AlmeidaD. Massachusetts· 2009-07-24· cited 21×
- In Re JacobsonW.D. Washington· 2009-03-10· cited 19×
- In Re AlcideE.D. Pennsylvania· 2011-05-27· cited 18×
- In Re Kang Jin HwangC.D. California· 2008-10-29· cited 15×
- In Re LopezD. Massachusetts· 2011-02-09· cited 11×
- Lacourse Builders, LLC v. D'Anello (In re D'Anello)D. Massachusetts· 2012-08-07· cited 9×
- Peterson v. U.S. Bank National Ass'nD. Massachusetts· 2013-01-23· cited 4×
- In Re VicenteD. Massachusetts· 2011-03-28· cited 3×
- In Re VealNinth Circuit· 2011-06-10· cited 3×
- In Re JacksonE.D. California· 2011-06-06· cited 1×
Cites
15 cases in this archive are cited by this case.
- Warth v. SeldinSupreme Court· 1975-06-25· cited 10,875×
- Paul J. Grella, Trustee v. Salem Five Cent Savings BankFirst Circuit· 1994-12-06· cited 349×
- United States of America v. Avx Corporation, National Wildlife Federation, IntervenorFirst Circuit· 1992-04-21· cited 287×
- Unnamed caseFirst Circuit· 1993-05-04· cited 168×
- In Re Comcoach Corporation, Debtor-Appellee, the Roslyn Savings Bank v. Comcoach CorporationSecond Circuit· 1983-01-13· cited 129×
- In Re ParrishN.D. Ohio· 2005-07-06· cited 51×
- In Re WoodberryD. South Carolina· 2008-02-04· cited 34×
- In Re SchuesslerS.D. New York· 2008-04-10· cited 31×
- In Re Conde-DedonatoE.D. New York· 2008-07-22· cited 30×
- In Re HugginsD. Massachusetts· 2006-12-14· cited 24×
- In Re LongD. Massachusetts· 2006-10-02· cited 22×
- Sentinel Trust Corp. v. Newcare Health Corp. (In Re Newcare Health Corp.)First Circuit· 2000-02-04· cited 16×
- In Re MaiselD. Massachusetts· 2007-11-15· cited 16×
- Nosek v. Ameriquest Mortgage Co. (In Re Nosek)D. Massachusetts· 2008-04-25· cited 15×
- In Re SchwartzD. Massachusetts· 2007-04-19· cited 14×
Sourced from CourtListener / Free Law Project (CC0).
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