LEWALLEN v. GREEN TREE SERVICING, L.L.C.

No. 06-1925.

487 F.3d 1085 (2007)

Rhonda J. LEWALLEN, Appellee, v. GREEN TREE SERVICING, L.L.C.; U.S. Bank Trust National Association, as Trustee for Conseco Finance Home Equity Loan Trust, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2007.


Attorney(s) appearing for the Case

David G. Wasinger, argued, St. Louis, MO (James S. Cole and Michael K. Daming, on the brief), for appellant.

F. Paul Bland, Jr., argued, St. Louis, MO (Debra K. Lumpkins, St. Louis, MO, on the brief), for appellee.

Before BYE, JOHN R. GIBSON, and GRUENDER, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Rhonda J. Lewallen filed for Chapter 13 bankruptcy to avoid foreclosure on her home. Green Tree Servicing, L.L.C., filed a proof of claim against the estate representing the balance on her home equity loan, interest, and various fees. Lewallen objected to Green Tree's claim and ultimately filed an adversary proceeding against Green Tree and U.S. Bank in the bankruptcy court alleging that Green...

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