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Gale v. First Franklin Loan Services

Citation: 
2012 U.S. App. LEXIS 18545 (9th Cir. 2012)
Ruling: 
The Court of Appeals for the Ninth Circuit (the "Court of Appeals") affirmed in part the District Court's ruling. The Court of Appeals held that First Franklin Loan Services ("Franklin") was not legally required to respond in its capacity ...
Judge(s): 
Sidney R. Thomas, M. Margaret McKeown, and William A. Fletcher, Circuit Judges. Opinion by Judge McKeown.
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In re Tropicana Entertainment LLC

Citation: 
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling: 
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. § 503(b)(3)(D) even though the Debtors had stipulated that the Noteholder Committee fees ...
Judge(s): 
Ambro, Chagares and Aldisert
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Cox v. Villani

Citation: 
Cox v. Villani (In re Villani), --- B.R. ----, 2012 WL 3755525 (1st Cir. B.A.P. Aug. 28, 2012)
Ruling: 
The U.S. Bankruptcy Appellate Panel for the First Circuit REVERSED the U.S. Bankruptcy Court for the District of Massachusetts. The BAP ruled the Bankruptcy Court erred when it ruled in favor of the Debtor in an adversary proceeding brought ...
Judge(s): 
Haines, Deasy, Tester
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Esterling v. Collecto, Inc.

Citation: 
Easterling, v. Collecto, Inc., --- F.3d ----, 2012 WL 3734389, (2nd Cir. August 30, 2012) Case No. 11-3209-CV, (Per Curiam)
Ruling: 
Reversed and Remanded. Defendant violated the FDCPA's proscription against “false, misleading, or deceptive” debt collection practices by sending Plaintiff, a former debtor, a collection letter incorrectly stating that her student loans were “ineligible for bankruptcy discharge” and therefore ...
Judge(s): 
Katzmann, Wesley, and Lynch, Circuit Judges
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In re DPH Holdings Corp.

Citation: 
No. 11-3782-bk (2d Cir. August 29, 2012) (SUMMARY ORDER)
Ruling: 
AFFIRMING the decision of the United States District Court for the Southern District of New York, which had affirmed an order of the Bankruptcy Court for the Southern District of New York, the Second Circuit denied the request of the ...
Judge(s): 
Robert Katzmann, Richard Wesley, Gerald Lynch
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