Coleman v. Countrywide Home Loans

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
ELLIOTE PATRICK COLEMAN,
Debtor.
____________________________
ELLIOTE PATRICK COLEMAN,
Plaintiff,
v.
COUNTRYWIDE HOME LOANS,
Defendant.
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Case No. 06-00254
(Chapter 13)
Adversary Proceeding No.
07-10022
Not for publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE PLAINTIFF’S MOTION TO VACATE JUDGMENT
Pursuant to Fed. R. Civ. P. 60(b)(4), the plaintiff contends
that relief from the judgment in this proceeding is appropriate
because the judgment is void on the basis that the court
erroneously treated the matter as a core proceeding. 	A
bankruptcy judge is empowered to determine whether a proceeding
is core or non-core in the first instance, subject to review by
the district court if the bankruptcy judge errs in treating the
proceeding as a core proceeding. 	When the bankruptcy judge errs,
The document below is hereby signed.
Signed: June 12, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-10022-SMT Doc 90 Filed 06/15/10 Entered 06/15/10 13:09:01 Desc Main
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that does not make the judgment void but merely makes it
reversible by way of an appeal. 	The plaintiff’s efforts at
appealing the judgment having not succeeded, the court will deny
the plaintiff’s Rule 60(b)(4) motion. 	An order follows.
[Signed and dated above.]
Copies to: Elliote Patrick Coleman; All counsel of record.
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Case 07-10022-SMT Doc 90 Filed 06/15/10 Entered 06/15/10 13:09:01 Desc Main
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