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Fitzgerald v. Gorman (In re Fitzgerald)

Citation: 
Case No. 1:14-cv-01017-GBL-JFA
Ruling: 
The bankruptcy court's finding that the debtor was ineligible for chapter 13 relief because his secured debt total exceeded the statutory limit pursuant to Section 109(e) of the Bankruptcy Code was not clearly erroneous. The debtor's secured debt total ...
Judge(s): 
Shedd, Duncan, and Thacker
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Rivera v. Bank of America

Citation: 
Case No. 14-40837. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 74.5.4.
Ruling: 
Affirmed district court's summary judgment in favor of mortgage lender. Four-year statute of limitations to foreclose on residential real property after first accelerating the note did not bar the foreclosure in this case. Lender's foreclosure action in 2013, ...
Judge(s): 
Per Curiam (Prado, Owen, Graves)
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Pyfer v. American Management Services, Inc. (In re National Pool Construction, Inc.)

Citation: 
Case No. 14-1257 (3d Cir. April 2, 2015) (NOT PRECEDENTIAL)
Ruling: 
Grant of summary judgment in favor of defendant is affirmed. Under New Jersey's Uniform Fraudulent Transfer Act (UFTA), trustee must demonstrate that debtor did not receive "reasonably equivalent value" for its payments to the defendant. Defendant had shown, ...
Judge(s): 
Barry (author); Rendell; Fuentes
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Thompson v. Bank Of America National Association

Citation: 
Case No. 14-10560 (5th. Cir. April 21, 2015)
Ruling: 
5th Circuit AFFIRMED district court grant of summary judgment for bank and held the bank did not waive its right to foreclose and did not make any actionable misrepresentation. The 5th Circuit rejected a theory of waiver based on ...
Judge(s): 
Reavley, Smith and Graves, Circuit Judges
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Mahakian v. William Maxwell Investments, LLC (In re Mahakian)

Citation: 
BAP No. NV-14-1115-JuKuD (April 13, 2015)
Ruling: 
The BAP held that the Debtor's failure to schedule a creditor in an asset chapter 7 case, such that the creditor did not have notice and thus did not timely file a proof of claim, meant that pursuant to the ...
Judge(s): 
JURY, KURTZ, and DUNN, Bankruptcy Judges.
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