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Full title: Order signed on 11/8/2021 Granting Consumer Claims Trustee's Forty-Eighth Omnibus Objection to Proofs of Claim. (to Allow and Classify Unsecured Consumer Creditor Claims) (Related Doc # [3643]) (Rodriguez, Willie)

Document posted on Nov 11, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Wind Down Estates, along with the last four digits of their federal tax identification number, as applicable, are Ditech Holding Corporation (0486); DF Insurance Agency LLC (6918); Ditech Financial LLC (5868); Green Tree Credit LLC (5864); Green Tree Credit Solutions LLC (1565); Green Tree Insurance Agency of Nevada, Inc. (7331); Green Tree Investment Holdings III LLC (1008); Green Tree Servicing Corp. (3552); Marix Servicing LLC (6101); Walter Management Holding Company LLC (9818); and Walter Reverse Acquisition LLC (8837).  in the full amounts claimed against Debtors, and/or (b) should be allowed in amounts less than asserted in the proofs of claim, because the amounts asserted are greater than that for which the Debtors are liable, and/or (c) the claims have been partially satisfied or are otherwise contradicted by the Debtors’ books and records, and/or (d) assert claims in an unliquidated amount and should be allowed in the amounts specified in Exhibit A, and that all such claims should be classified as Class 6 Consumer Creditor Claims that are not 363(o) claims, as defined in the Third Amended Plan.It appearing that this Court has jurisdiction to consider the Objection under 28 U.S.C. §§ 157 and 1334; that the relief requested is a core proceeding under 28 U.S.C. §157(b); that venue is proper before this Court under 28 U.S.C. §§ 1408 and 1409; that due and proper notice of the Objection has been provided, and that such notice was adequate and appropriate under the circumstances such that no other or further notice need be provided; that the Objection complies with the Claim Procedures set forth in the Claim Procedures Order; the Court finds and determines that the relief sought in the Objection is in the best interest of the Debtors’ estates, creditors, and all parties in interest and that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein, and it is: ORDERED that the relief requested in the Consumer Claims Forty-Eighth Omnibus Objection to Proofs of Claim is granted to the extent provided in this Order;Omnibus Objection to Proofs of Claim shall be deemed adequate and appropriate notice of such Objection, and the requirements of Bankruptcy Rule 3007(a), the Order Implementing Certain Notice and Case Management Procedures, entered March 19, 2019 (ECF No. 211), the Claims Procedures Order, and the Local Bankruptcy Rules of this Court are satisfied by such notice; ORDERED that this Order has no res judicata, estoppel, or other effect on the validity, allowance, or disallowance of any claim not listed in Exhibit A, and the Trustee and any party in interest’s rights to object on any basis is expressly reserved with respect to any such claim not listed on Exhibit A; ORDERED that this Order shall be a final order with respect to each of the Non-363(o)Unsecured Consumer Creditor Claims had been individually objected to; ORDERED that any stay of this Order pending appeal by any cla

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------- X : In re : Chapter 11 : DITECH HOLDING CORPORATION, et al., : Case No. 19-10412 (JLG) : Debtors.1 : (Jointly Administered) : Related Docket No. 3643 --------------------------------------------------------------- X ORDER GRANTING CONSUMER CLAIMS TRUSTEE’S FORTY-EIGHTH OMNIBUS OBJECTION TO PROOFS OF CLAIM (TO ALLOW AND CLASSIFY UNSECURED CONSUMER CREDITOR CLAIMS) The Consumer Claims Trustee by the Consumer Claims Trustee’s Forty-Eighth Omnibus Objection to Proofs of Claim (To Allow and Classify Unsecured Consumer Creditor Claims) filed on August 25, 2021 (the “Objection”),2 seeks an entry of an order, under section 502(b) of the title 11 of the United States Code, Rule 3007(d) of the Federal Rules of Bankruptcy Procedure, and this Court’s order for approving procedures for the filing of omnibus objections to proofs of claim (the “Claim Procedures Order”), allowing the Non-363(o) Unsecured Consumer Creditor Claims on the basis that they represent claims that (a) should be allowed 1 The Debtors confirmed the Third Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its Affiliated Debtors (ECF No. 1326) (the “Third Amended Plan”), which created the Wind Down Estates. Wind Down Estates, along with the last four digits of their federal tax identification number, as applicable, are Ditech Holding Corporation (0486); DF Insurance Agency LLC (6918); Ditech Financial LLC (5868); Green Tree Credit LLC (5864); Green Tree Credit Solutions LLC (1565); Green Tree Insurance Agency of Nevada, Inc. (7331); Green Tree Investment Holdings III LLC (1008); Green Tree Servicing Corp. (3552); Marix Servicing LLC (6101); Walter Management Holding Company LLC (9818); and Walter Reverse Acquisition LLC (8837). The Wind Down Estates’ principal offices are located at 2600 South Shore Blvd., Suite 300, League City, TX 77573 [JLG]. 2 Capitalized terms not otherwise herein defined shall have the meanings assigned to them in the Objection. 

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in the full amounts claimed against Debtors, and/or (b) should be allowed in amounts less than asserted in the proofs of claim, because the amounts asserted are greater than that for which the Debtors are liable, and/or (c) the claims have been partially satisfied or are otherwise contradicted by the Debtors’ books and records, and/or (d) assert claims in an unliquidated amount and should be allowed in the amounts specified in Exhibit A, and that all such claims should be classified as Class 6 Consumer Creditor Claims that are not 363(o) claims, as defined in the Third Amended Plan. It appearing that this Court has jurisdiction to consider the Objection under 28 U.S.C. §§ 157 and 1334; that the relief requested is a core proceeding under 28 U.S.C. §157(b); that venue is proper before this Court under 28 U.S.C. §§ 1408 and 1409; that due and proper notice of the Objection has been provided, and that such notice was adequate and appropriate under the circumstances such that no other or further notice need be provided; that the Objection complies with the Claim Procedures set forth in the Claim Procedures Order; the Court finds and determines that the relief sought in the Objection is in the best interest of the Debtors’ estates, creditors, and all parties in interest and that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein, and it is: ORDERED that the relief requested in the Consumer Claims Forty-Eighth Omnibus Objection to Proofs of Claim is granted to the extent provided in this Order; ORDERED that, under section 502(b) of the Bankruptcy Code, the claims listed on Exhibit A annexed hereto (collectively, the “Non-363(o) Unsecured Consumer Creditor Claims”) are allowed in the amounts listed on Exhibit A and are classified as Class 6 Consumer Creditor Claims that are not 363(o) claims, as defined in the Third Amended Plan; ORDERED that Epiq Corporate Restructuring, LLC, the Debtors’ claims and noticing agent, is directed to mark the Debtors’ Claims Register to show the Non-363(o) Unsecured

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Consumer Creditor Claims listed on Exhibit A to this Order as allowed and classified in a manner consistent with this Order; ORDERED that the Trustee is authorized and empowered to take all actions as may be necessary and appropriate to implement the terms of this Order; ORDERED that notice of the Consumer Claims Trustee’s Forty-Eighth Omnibus Objection to Proofs of Claim shall be deemed adequate and appropriate notice of such Objection, and the requirements of Bankruptcy Rule 3007(a), the Order Implementing Certain Notice and Case Management Procedures, entered March 19, 2019 (ECF No. 211), the Claims Procedures Order, and the Local Bankruptcy Rules of this Court are satisfied by such notice; ORDERED that this Order has no res judicata, estoppel, or other effect on the validity, allowance, or disallowance of any claim not listed in Exhibit A, and the Trustee and any party in interest’s rights to object on any basis is expressly reserved with respect to any such claim not listed on Exhibit A; ORDERED that this Order shall be a final order with respect to each of the Non-363(o) Unsecured Consumer Creditor Claims identified on Exhibit A, as contemplated by Bankruptcy Rule 9014, as if each such Non-363(o) Unsecured Consumer Creditor Claims had been individually objected to; ORDERED that any stay of this Order pending appeal by any claimants whose claims are subject to this Order shall apply only to the contested matter that involves such claim and shall not act to stay the applicability and /or finality of this Order with respect to the other contested matters listed in the Objection or this Order; ORDERED that the terms and conditions of this Order are effective immediately upon entry;

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ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to this Order. Dated: November 8, 2021 New York, New York James L. Garrity, Jr. /s/ HONORABLE JAMES L. GARRITY, JR. UNITED STATES BANKRUPTCY JUDGE

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Exhibit A Consumer Claims Forty-Eighth Omnibus Objection to Proofs of Claim (To Allow and Classify as Non-363(o) Unsecured Consumer Creditor Claims)
Table 1 on page 5. Back to List of Tables
Creditor/Address Claim
Number
Filed Unsecured
Claim Amount
Allowed Unsecured
Claim Amount
Abecia, Alejandro
Fairfax, VA
1366 $27,0000.00 $2,000.00
Andersen, Lisa
Washington, D.C.
21 $1,000,000.00 $55,000.00
Coleman, Doris J
Star City, AR
1195 $70,000.00 $17,000.00
Gourley, Justin
Evansville, IN
23683 $20,302.03 $4,500.00
Moore-Luke, D. Jean
Morgantown, WV
21249 $32,776.62 $15,471.00
O’Neal, Bettye
Fairfax, VA
(filed as a class claim; to be
allowed only as an individual
claim)
1358 $1,002,000.00 $10,000.00
Ramalheira, Victor
Fairfax, VA
(filed as a class claim; to be
allowed only as an individual
claim)
1367 $600,600.00 $30,000.00
Romero-Sosa, Oriana
Fairfax, VA
(filed as a class claim; to be
allowed only as an individual
claim)
1359 $606,000.00 $30,000.00

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