IN RE CAMACHO

Bankruptcy No. 12-35648-C-7. Adversary No. 12-2608.

489 B.R. 837 (2013)

In re Maria Villarreal CAMACHO, Debtor(s). Maria Villarreal Camacho, Plaintiff(s), v. Greenpoint Mortgage Funding, Inc., Bank of America, N.A.; 101 Financial Enterprises, Inc.; Aurora Bank, FSB fka Lehman Brothers Bank, FSB; Fidelity National Title Company; US Bank National Association as Trustee for Lehman Brothers Small Balance Commercial Mortgage Pass-Through Certificates, Series 2007-3, Defendant(s).

United States Bankruptcy Court, E.D. California.

March 18, 2013.


Attorney(s) appearing for the Case

Maria Villarreal Camacho , in propria persona, plaintiff.

Sara Firoozeh , Houser & Allison, Irvine, CA, for defendant U.S. Bank National Association, as Trustee for Lehman Brothers Small Balance Commercial Mortgage Pass-through Certificates, Series 2007-3.

Caroline R. Djang , Rutan & Tucker, LLP, Costa Mesa, CA, for defendant GreenPoint Mortgage Funding, Inc.

Monique D. Jewett-Brewster , Bryan Cave, LLP, San Francisco, CA, for defendant Bank of America, N.A.


OPINION

KLEIN, Bankruptcy Judge.

A husband and wife tag team who have used serial adversary proceedings to wrestle with a lender now find themselves pinned by the so-called "two dismissal rule" of Federal Rule of Civil Procedure 41(a)(1)(B). In the course of seven bankruptcy cases, they filed three adversary proceedings asserting the same claim against the same defendants, the first two of which were voluntarily dismissed by notices of dismissal under Rule...

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