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Marcus Rosenberger v. Homecomings Financial, LLC F/K/A Homecomings Financial Network, Inc. Litton Loan Servicing, L.P. And Ocwen Loan Servicing, LLC

Citation: Not availableDocket: 11-12-00004-CV

Court: Court of Appeals of Texas; November 14, 2012; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

An order was issued on November 15, 2012, by the Eleventh Court of Appeals concerning the case of Marcus Rosenberger (Appellant) versus Homecomings Financial, LLC and Litton Loan Servicing, L.P. (Appellees). The order notes that Homecomings Financial and its parent company, Residential Capital, LLC, filed for bankruptcy protection on May 14, 2012, under Case No. 12-12020 in the Southern District of New York. As a result, the court suspends the appeal and abates it until further notice. The parties are instructed to inform the court of any changes in the bankruptcy status that may impact the appeal, including the possibility of filing a motion to reinstate or sever the case. The panel for the order includes Chief Justice Wright, Justice McCall, and Chief Justice Gray of the 10th Court of Appeals, the latter sitting by assignment.

Legal Issues Addressed

Impact of Bankruptcy on Legal Proceedings

Application: The court acknowledged the filing for bankruptcy protection by Homecomings Financial and its parent company, resulting in the suspension and abatement of the appeal involving these parties.

Reasoning: The order notes that Homecomings Financial and its parent company, Residential Capital, LLC, filed for bankruptcy protection on May 14, 2012, under Case No. 12-12020 in the Southern District of New York.

Obligations of Parties Regarding Bankruptcy Status

Application: The parties involved in the case are required to inform the court of any changes in the bankruptcy status that could affect the appeal, including the possibility of filing motions to reinstate or sever the case.

Reasoning: The parties are instructed to inform the court of any changes in the bankruptcy status that may impact the appeal, including the possibility of filing a motion to reinstate or sever the case.

Suspension of Appeals Due to Bankruptcy

Application: The court suspended the appeal and abated it pending further notice due to the bankruptcy proceedings involving one of the parties.

Reasoning: As a result, the court suspends the appeal and abates it until further notice.