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  5. 273 B.R. 229 (2001)
 

BANK UNITED v. MANLEY

Nos. CV-00-N-2141-W, CV-00-N-2149-W to CV-00-N-2151-W.

273 B.R. 229 (2001)

BANK UNITED, Appellant, v. Jessie M. MANLEY, Appellee. Fleet Mortgage Group, Inc., Appellant, v. Johnny T. Little, Appellee. Mary E. Morrow, Appellant, v. Countrywide Home Loans, Inc., Appellee. GE Capital Mortgage Services, Inc., Appellant, v. Wilburn B. Hager, et al., Appellee

United States District Court, N.D. Alabama, Western Division.

November 29, 2001.

Attorney(s) appearing for the Case

Jeffrey J. Hartley, Helmsing, Leach, Herlong, Mewman & Rouse, PC, Mobile, AL, Robert J. Prattle, Briggs & Morgan, Minneapolis, MN, Alan Hall Maclin, Mark G. Schroeder, Briggs & Morgan, PA, St. Paul, MN, for Bank United.

Donald J. Stewart, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Mobile, AL, Steven L. Nicholas, Stephen C. Olen, Olen & Nicholas, PC, Mobile, AL, for Jessie M. Manley.

C. David Cottingham, Tuscaloosa, AL, Chapter 13 Standing Trustee.

Memorandum of Opinion

EDWIN L. NELSON, District Judge.

1. Introduction and Background

The court has for consideration the consolidated appeals of four creditor-parties to separate adversary proceedings in bankruptcy. The appeals present the common question of whether a bankruptcy court has the authority to exercise subject matter jurisdiction over a debtor class action alleging violations of the Bankruptcy Code by a creditor in its proof...

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