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Kaymark v. Bank Of America

Citation: 
No. 14-1816 (3d Cir. Apr. 7, 2015)
Ruling: 
Plaintiff in state and federal fair debt collection action sufficiently pled that disputed fees in the body of a foreclosure complaint against his home constituted actionable misrepresentation under the Fair Debt Collection Practices Act.
Judge(s): 
FUENTES, FISHER and KRAUSE, Circuit Judges.
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Rael v. Wells Fargo Bank (In re Rael)

Citation: 
Rael v. Wells Fargo Bank (In re Rael), BAP No. WY-14-035 (10th Cir. BAP February 27, 2015)
Ruling: 
Creditor did not violate the stay or the terms of the individual debtors' confirmed chapter 11 plan when it sought to enforce its preserved lien rights in state court rather than returning to the bankruptcy court.
Judge(s): 
Karlin, Somers, and Jacobvitz
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Plyam v. Precision Development, LLC (In re Plyam)

Citation: 
9th Cir. Bankruptcy Appellate Case No. CC-14-1362-TaDPa (May 5, 2015)
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel ("BAP") ruled that a bankruptcy court may relay on the issue preclusion effect of an existing state court judgment; however, the bankruptcy court must apply the forum's state law of issue preclusion. Even ...
Judge(s): 
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
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Gillie, et al. v. Law Office of Eric A. Hones, LLC, et al.

Citation: 
Case No. 14-3836 (6th Cir. 2015)
Ruling: 
Private attorney retained by State to collect obligations owed to State is not "officer or employee" of State for purposes of exception from Fair Debt Collection Practices Act. Attorney violated FDCPA by sending demand letters on letterhead of State ...
Judge(s): 
Clay and Gilman (majority) and Sutton (dissenting with opinion)
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Wagner v. Wagner (In re Wagner)

Citation: 
Wagner v. Wagner (In re William Philip Wagner), No. CO-13-043 (B.A.P. 10th Cir. 2015) (unpublished)
Ruling: 
The Tenth Circuit Bankruptcy Appellate Panel determined that bankruptcy court's findings in support of its decision to deny the debtor's discharge were not clearly erroneous and, therefore, affirmed its decision.
Judge(s): 
Hon. William T. Thurman, Hon. Tom R. Cornish, and Hon. Robert H. Jacobvitz
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