SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130

Page 1 – NOTICE OF BANKRUPTCY STATUS

William G. Fig, OSB No. 952618

wfig@sussmanshank.com

SUSSMAN SHANK LLP

1000 SW Broadway, Suite 1400

Portland, OR 97205-3089

Telephone: (503) 227-1111

Facsimile: (503) 248-0130

Attorneys for GMAC Mortgage, LLC and 

Residential Asset Mortgage Products, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

MARY STRONG, 

 Plaintiff,

v.

GMAC MORTGAGE, LLC, et. al., 

 Defendants.

Case No. 6:15-cv-01966

NOTICE OF BANKRUPTCY STATUS

GMAC Mortgage, LLC, named individually three times in the caption (“GMACM”), 

and Residential Asset Mortgage Products, Inc. (“RAMP”), and collectively, the “Named 

Debtors,” by and through their undersigned counsel, respectfully submit this Notice of 

Bankruptcy Status, and states as follows:

1. On May 14, 2012 (the “Petition Date”), Residential Capital, LLC and 

certain of its direct and indirect subsidiaries, including the Named Debtors (collectively, 

the “Debtors”), filed voluntary petitions for relief under Chapter 11 of the Bankruptcy 

Case 6:15-cv-01966-MC Document 15 Filed 11/06/15 Page 1 of 5
SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130

Page 2 – NOTICE OF BANKRUPTCY STATUS

Code in the United States Bankruptcy Court for the Southern District of New York (the 

“Bankruptcy Court”). The Debtors’ Chapter 11 cases (the “Bankruptcy Cases”) are 

being jointly administered, indexed at case number 12-12020 (MG). 

2. On December 11, 2013, the Bankruptcy Court entered its Order 

Confirming Second Amended Joint Chapter 11 Plan Proposed by Residential Capital, 

LLC et al. and the Official Committee of Unsecured Creditors (the “Confirmation 

Order”) [Bankruptcy Docket 6065]1 approving the terms of the Chapter 11 plan, as 

amended (the “Plan”). The effective date under the Plan occurred on December 17, 

2013 (the “Effective Date”).

3. Both the Plan and Confirmation Order provide for the extension of the 

automatic stay through the Effective Date and provide that the injunctive provisions of 

the Plan and Confirmation Order will remain in full force and effect following the 

Effective Date (Confirmation Order, ¶ 63(g); Plan, Art. XIII.K). Moreover, both 

Section G of Paragraph 40 of the Confirmation Order and Article IX.I of the Plan 

contain an “Injunction” provision that, among other things, enjoins all parties 

from “commencing or continuing in any manner or action or other proceeding of 

any kind” relating to claims that are released under the Plan. 

4. Article VIII.B of the Plan provides that the claim of any creditor of the 

Debtors that failed to file a proof of claim by the applicable deadline “SHALL BE 

DEEMED DISALLOWED, DISCHARGED, RELEASED, AND EXPUNGED AS OF THE 

EFFECTIVE DATE WITHOUT ANY FURTHER NOTICE TO OR ACTION, ORDER, OR 

 

1 Due to its voluminous nature, the Confirmation Order, to which the Plan is an exhibit, or any other referenced bankruptcy 

documents, are not included as an attachment, but may be obtained at no charge at http:/www.kccllc.net/rescap 

Case 6:15-cv-01966-MC Document 15 Filed 11/06/15 Page 2 of 5
SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130

Page 3 – NOTICE OF BANKRUPTCY STATUS

APPROVAL OF THE BANKRUPTCY COURT, AND HOLDERS OF SUCH CLAIMS 

MAY NOT RECEIVE ANY DISTRIBUTIONS ON ACCOUNT OF SUCH CLAIMS, 

UNLESS SUCH LATE PROOF OF CLAIM IS DEEMED TIMELY FILED BY A FINAL 

ORDER OF THE BANKRUPTCY COURT.” (emphasis in original). 

5. In addition, pursuant to Article XII of the Plan and Paragraph 66 of the 

Confirmation Order, the Bankruptcy Court retained exclusive jurisdiction to hear all 

matters pertaining to the injunction provided for in the Plan and Confirmation Order. 

Specifically, the Plan provides as follows:

RETENTION OF JURISDICTION

Notwithstanding the entry of the Confirmation Order and the occurrence of 

the Effective Date, on and after the Effective Date, the Bankruptcy Court 

shall retain exclusive jurisdiction over all matters arising out of, or related 

to, the Chapter 11 Cases and the Plan pursuant to sections 105(a) and 

1142 of the Bankruptcy Code, including jurisdiction:

...

(c) to hear and determine any matter, case, controversy, suit, 

dispute, or Causes of Action: (i) regarding the existence, nature, and 

scope of the releases, injunctions, and exculpation provided under 

the Plan, and (ii) enter such orders as may be necessary or 

appropriate to implement such releases, injunctions, and other 

provisions;

....

(Plan, Art. XII) (emphasis added). In addition, the Confirmation Order 

provides as follows:

Retention of Jurisdiction. The business and assets of the Debtors shall 

remain subject to the jurisdiction of this Court until the Effective Date. 

Notwithstanding the entry of this Order, from and after the Effective Date, 

the Court shall retain such jurisdiction over the Chapter 11 Cases as is 

legally permissible, including jurisdiction over those matters and issues 

described in Article XII of the Plan, including with respect to (i) insurance 

settlements and disputes involving insurance policies settled or otherwise 

addressed under or in connection with the Plan, and (ii) the Claims filed by 

Case 6:15-cv-01966-MC Document 15 Filed 11/06/15 Page 3 of 5
SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130

Page 4 – NOTICE OF BANKRUPTCY STATUS

WFBNA in these Chapter 11 Cases and any Claims or Causes of Action 

that may be asserted by WFBNA against any of the Ally Released Parties.

(Confirmation Order, ¶ 66). 

7. By Order dated November 21, 2012, the Court approved the sale of the 

Debtors’ mortgage origination and servicing platform to Ocwen Loan Servicing LLC 

(“Ocwen”) and its designee, Walter Investment Management Corp. (“Walter”) [Docket 

No. 2246] (the “Ocwen Sale Order”). The transactions comprising the sale of the 

Debtors’ mortgage origination and servicing platform (the “Sale”) closed in two parts: the 

sale to Walter closed on January 31, 2013, and the sale to Ocwen closed on 

February 15, 2013. 

8. On March 13, 2015, the Bankruptcy Court entered the Order Granting the 

Motion for Entry of an Order Establishing Procedures Enforcing Injunctive Provisions of 

Plan and Confirmation (“Enforcement Order”). The Procedures Order, (i) bars Plaintiff 

from continuing to prosecute this action against the Named Debtors under the injunction 

provisions of the Plan and Confirmation Order, and (ii) permits the Liquidating Trust to 

seek further relief from the Bankruptcy Court in the event Plaintiff refuses to dismiss this 

action with respect to the Named Debtors. 

9. According to the Debtors’ records, Plaintiff did not file a proof of claim in 

the Bankruptcy Cases and is barred from continuing to prosecute this action against the 

Named Debtors. Additionally, pursuant to the Plan and Confirmation Order, the Plaintiff 

is prohibited from pursuing monetary claims against the Named Debtors, but may 

proceed with non-monetary relief. However, as a result of the Sale, no Debtor services 

the loan that is the subject of this proceeding and is unable to provide any nonCase 6:15-cv-01966-MC Document 15 Filed 11/06/15 Page 4 of 5
SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130

Page 5 – NOTICE OF BANKRUPTCY STATUS

monetary relief sought. Therefore, and pursuant to the Enforcement Order, the Named 

Debtors shall contact Plaintiff in writing and request that Plaintiff agree to dismiss this 

action against the Named Debtors. 

10. For the avoidance of doubt, the Named Debtors are not seeking any relief 

from the Court by this Report, and are submitting this Report solely for the purpose of 

providing the Court and the parties to this action with a notice of the Bankruptcy Cases. 

Dated this 6th day of November, 2015.

SUSSMAN SHANK LLP

By /s/ William G. Fig

 William G. Fig, OSB No. 952618

 wfig@sussmanshank.com

Attorneys for GMAC Mortgage, LLC and Residential 

Asset Mortgage Products, Inc.

*20809-110/NOB (02209894);1

Case 6:15-cv-01966-MC Document 15 Filed 11/06/15 Page 5 of 5