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Ronnie Jerome Eggerson & Debra Louise Eggerson v. U.S. Bank Trust, N.A. (In re Eggerson), Ch. 13, BK18-81307, A19-8021 (Mar. 27, 2020)

On the debtors' challenge to the claim filed by their mortgage holder and servicer, the court granted summary judgment in favor of the creditor. First, the court determined the debtors had no standing to challenge the assignment of the promissory note to its current holder because they hadn't shown any harm to themselves as a result of the assignment, and because they earlier in the bankruptcy case had conceded that the note holder holds a valid perfected security interest in their residence. Second, the court determined the debtors had not produced sufficient evidence under Rule 3001(f) to rebut the prima facie validity of the claim.

Date: 
Friday, March 27, 2020
Judge: 
Judge Thomas L. Saladino