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CAMPBELL v. COUNTRYWIDE HOME LOANS, INC.

No. 07-20499.

545 F.3d 348 (2008)

Caesar R. CAMPBELL; Pamela A. Campbell, Plaintiffs-Appellees, v. COUNTRYWIDE HOME LOANS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 13, 2008.

Attorney(s) appearing for the Case

Johnie Joe Patterson, II (argued), Walker & Patterson, Richard W. Aurich, Jr., Houston, TX, for Plaintiffs-Appellees.

Douglas D. Skierski, William Scott Hastings (argued), Linda Marie Bezdicek, Melissa Sue Hayward, Locke, Lord, Bissell & Liddell, LLP, Dallas, TX, for Defendant-Appellant.

Stephen C. Stapleton, Dykema Gossett, PLLC, Dallas, TX, for EMC Mortgage Corp., Amicus Curiae.

Before HIGGINBOTHAM, STEWART and SOUTHWICK, Circuit Judges.

SOUTHWICK, Circuit Judge:

The opinion issued in this case on August 26, 2008, is withdrawn, and this revised opinion is substituted. Our resolution of each issue remains the same.

The Plaintiffs, Caesar and Pamela Campbell, brought this suit against the purchase money lender on their residence, Countrywide Home Loans, Inc. They alleged Countrywide violated the automatic stay in their Chapter 13 bankruptcy. The bankruptcy court granted partial summary judgment...

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