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IN RE HUBBEL

Nos. C 09-3424 CRB, C 09-3425 CRB.

427 B.R. 789 (2010)

In re Michael HUBBEL, and Jennifer L. Hubbel, Debtors. In re Ernesto Sali Perez, and Imelda Jocson Perez, Debtors.

United States District Court, N.D. California.

March 24, 2010.

Attorney(s) appearing for the Case

Melissa Robbins, McCarthy & Holthus, LLP, San Diego, CA, for Appellants Mortgage Electronic Registration Systems, Inc., Case No. C 09-3424 CRB, and Aurora Loan Services, LLC, Case No. C 09-3425 CRB.

Patrick Edward McMahon, Esq., San Francisco, CA, for Appellees Michael and Jennifer Hubbel.

Michael St. James, Esq., St. James Recovery Services, P.C., San Francisco, CA, for Trustee E. Lynn Schoenmann.

Craig Vincent Winslow, Esq., Law Offices of Craig V. Winslow, San Mateo, CA, for Appellees Ernesto Sali Perez and Imelda Jocson Perez Case No. 09-3425.

ORDER AFFIRMING BANKRUPTCY COURT

CHARLES R. BREYER, District Judge.

This bankruptcy appeal concerns whether a mortgage lender is entitled to have an automatic stay lifted even where the mortgagee/debtor has transmitted a notice of rescission under the Truth in Lending Act ("TILA").1 The bankruptcy court concluded that the notice of TILA rescission, in conjunction with the lenders' failure to take legal action within 20 days of...

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