IN RE MAUCK

Bankruptcy No. 01-46110-293, Adversary No. 01-4183-293.

287 B.R. 219 (2002)

In re Kyle MAUCK and Shannon Mauck, Debtors. Kyle Mauck and Shannon Mauck, Plaintiffs, v. C-Bass Mortgage Loan Buyout Trust 2000-A, The Bank of New York, Litton Loan Servicing, Inc. Meyer Real Estate, and Cody Properties, Defendants.

United States Bankruptcy Court, E.D. Missouri, Eastern Division.

February 1, 2002.


Attorney(s) appearing for the Case

Rory Ellinger, O'Fallon, MO, for Debtors/Plaintiffs.

Jeffrey T. Weisman, Shapiro and Weisman, Chesterfield, MO, for Cody Properties and Meyer Real Estate.

Daniel A. West, Kansas City, MO, for Defendants C-Bass Mortgage Loan Trust, The Bank of New York, and Litton Loan Servicing, Inc.

John LaBarge, St. Louis, MO, trustee.


MEMORANDUM OPINION

DAVID P. MCDONALD, Chief Judge.

Debtors-Plaintiffs Kyle and Shannon Mauck filed their first Chapter 13 bankruptcy in March 2001. During the pendency of their bankruptcy they received a notice of foreclosure of their home mortgage. The Maucks' Chapter 13 filing was dismissed and their home was subsequently sold at a foreclosure sale. On November 19, 2001, a trial was held to determine whether Defendants The Bank of New York, C-Bass...

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