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IN RE FISHER

Bankruptcy No. 91 B 23283, Adv. No. 91 A 01143.

151 B.R. 895 (1993)

In re Clifton W. FISHER and Elizabeth Fisher, Debtors. Clifton W. FISHER and Elizabeth Fisher, Plaintiffs, v. FEDERAL NATIONAL MORTGAGE ASS'N., America's Mortgage Servicing, Inc., and Resolution Trust Corporation, in its capacity as Receiver for Standard Federal Savings Bank of Gaithersburg, Maryland, Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

March 9, 1993.

Attorney(s) appearing for the Case

Barat S. McClain, Wilson P. Funkhouser, Levin & Funkhouser, Ltd., Chicago, IL, for Federal National Mortg. Assn., America's Mortg. Servicing, Inc., and Standard Federal Sav. Bank.

Daniel A. Edelman, Robert J. Adams & Associates, Lawrence Walner, Chicago, IL, for debtors.

Craig Phelps, Chicago, IL, Chapter 13 Standing Trustee.

MEMORANDUM OPINION

RONALD S. BARLIANT, Bankruptcy Judge.

This is a chapter 13 case allegedly necessitated by the inadequate escrow practices of a residential lender and its loan servicing company. The debtors not only sought traditional chapter 13 protection, they also filed a complaint against the lender and loan servicing company. But this is no ordinary complaint—it is a class action filed on behalf of all other former and present chapter...

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