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IN RE CANO

Bankruptcy No. 02-70359. Adversary No. 08-07019.

410 B.R. 506 (2009)

In re Robert CANO, et al., Debtor(s). Robert Cano, et al., Plaintiff(s) v. GMAC Mortgage Corp., Defendant(s).

United States Bankruptcy Court, S.D. Texas, McAllen Division.

August 10, 2009.

Attorney(s) appearing for the Case

Ellen C. Stone, The Stone Law Firm, P.C., Brownsville, TX, Karen L. Kellett, Attorney at Law, Dallas, TX, Shennan Alexandra Kavanagh, Roddy Klein & Ryan, Boston, MA, for Plaintiffs.

Elizabeth Carol Freeman, Locke Lord Bissell & Liddell LLP. W. Steven Bryant, Locke Lord et al, Houston, TX, for Defendant.

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

Background

Plaintiffs are current and former chapter 13 debtors who executed mortgage1 contracts with GMAC. Plaintiffs allege that GMAC improperly charged and collected fees and costs during their pending chapter 13 plans and failed to disclose the activities to the bankruptcy court. Plaintiffs also allege that GMAC attempted to collect some non-disclosed, accumulated...

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