11th Circuit Court
Judge Rules Trustee Lacks Authority to Sue Countrywide for Abuses
Posted Oct 6, 2008, 08:55 am CDT
By Debra Cassens Weiss
A federal bankruptcy judge in Miami has tossed a suit by the U.S. Trustee against Countrywide, ruling the agency has no authority to sanction companies for alleged bad faith conduct.
Judge A. Jay Cristol said the trustee had “noble intentions” but the authority to seek punishment rests with federal prosecutors, not with the U.S. Trustee, the Wall Street Journal reports (sub. req.).
In February the U.S. Trustee filed suits in Florida, Georgia and Ohio that claimed Countrywide had abused the bankruptcy process by making inaccurate filings and imposing unauthorized fees.
In April a federal bankruptcy judge in Pittsburgh authorized the U.S. Trustee to investigate Countrywide’s mortgage processing systems.… Continue reading...
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