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Topic: Mortgage

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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Carlson v. U.S. Bank (In re Carlson)

Citation: 
Carlson v. U.S. Bank (In re Carlson) 8th Circuit Court of Appeals, No. 14-3563, April 27, 2015 [Unpublished]
Ruling: 
In an unpublished per curiam opinion, the 8th Circuit Court of Appeals rejected Carlson’s legal arguments and affirmed the decision of the bankruptcy court, when the bankruptcy court denied his motions for relief and dismissed his chapter 13 case.
Judge(s): 
LOKEN, BOWMAN, and KELLY, Circuit Judges.
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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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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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Goldstein v. Stahl (In re Goldstein)

Citation: 
9th Cir. BAP Case No. CC-14-1346-TaDPa (March 3, 2015)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel determined, as a matter of law, that the claims commenced post-petition accrued pre-petition; therefore, the claims were property of the estate. The TPP claims involved the interpretation of the legal significance of facts ...
Judge(s): 
TAYLOR, DUNN, and PAPPAS, Bankruptcy Judges.
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Harris v. Bank of America (In re Harris)

Citation: 
Harris v. Bank of America (In re Harris) Case No. 13-60000 (9th Cir. March 9, 2015) (unpublished)
Ruling: 
Debtor-Appellant failed to plausibly allege facts that show he complied with the state law requirements; Debtor-Appellant failed to state with particularity the circumstances constituting alleged fraud; and it was not abuse of discretion for the bankruptcy court to dismiss Debtor-Appellant's ...
Judge(s): 
Murphy, Gould, and Tallman
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In re Wendy A. Nora

Citation: 
No. 13-2676
Ruling: 
Rule 38 of the Federal Appellate Procedure- When a litigant or attorney presents appellate arguments with no reasonable expectation of success for the purpose of delay, harassment or sheer obstinacy, sanctions are appropriate. Nora has given the court no reason to ...
Judge(s): 
Bauer, Posner and Tinder
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Eickerman v. La Jolla Group, II

Citation: 
Eickerman v. La Jolla Group, II, 9th Circuit Court of Appeals No. 12-17425, Feb 6, 2015; [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Court of Appeals affirmed the bankruptcy court’s grant of summary judgment in favor of Appellee La Jolla Group, II (LJG) on LJG’s post-confirmation claim for fees and expenses incurred when Eickerman (Appellant) defaulted during the execution of ...
Judge(s): 
TALLMAN and RAWLINSON, Circuit Judges, and MURPHY, District Judge.
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Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera)

Citation: 
Rivera v. Mortgage Electronic Registration Systems, Inc. (In re Rivera), Case No. CC-13-1505-KuPaTa (B.A.P. 9th Cir. Dec. 23, 2014)
Ruling: 
AFFIRM bankruptcy court's ruling, dismissing adversary proceeding pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012), holding that, under California law, a borrower in default is not permitted to challenge pending nonjudicial foreclosure proceedings ...
Judge(s): 
Vincent Zurzolo
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