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Topic: Lender Liability

Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
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Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
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Slorp v. Lerner, Sampson & Rothfus

Citation: 
File name 14a0745n.06; Docket No. 13-3402
Ruling: 
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer protection act, an Ohio falsification law and conspiracy to ...
Judge(s): 
Moore, Gibbons and Sutton; opinion by Gibbons
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Adelphia Recovery Trust v. Goldman

Citation: 
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling: 
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the debtors in bankruptcy court treated the cash management system as property ...
Judge(s): 
Winter, Walker, Cabranes
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Brown v. Bank of America N.A. - (In re Brown)

Citation: 
In Re Brown, 9th Cir. B.A.P. WW-13-1170-TaKUD, (December 13, 2013) [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion to a companion appeal (BAP No. 12-1534) by the debtor, the 9th Circuit Bankruptcy Appellate Panel, affirmed the ruling by the bankruptcy court, when it held that it lacked jurisdiction to consider the motion dismissing the ...
Judge(s): 
Taylor, Kurtz, and Dunn
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Staker v. Jubber (In re D. Staker)

Citation: 
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling: 
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property in their demand for relief. The objecting ...
Judge(s): 
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
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Crumpton v. Stephens (In re Northlake Foods, Inc.)

Citation: 
Case No. 12-15603 (11th Cir. May 6, 2013)
Ruling: 
The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability after an S corporation election was valid and not a ...
Judge(s): 
Tjoflat, Martin and Jordan
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Vassalle v. Midland Funding LLC

Citation: 
Vassalle, et al. v. Midland Funding, et al., Case Nos. 11-3814/3961/4016/4019/4021 (6th Cir. February 26, 2013)
Ruling: 
The Sixth Circuit Court of Appeals reversed the decision of the U.S. District Court for the Northern District of Ohio approving a class action settlement and certifying a nationwide class. The Sixth Circuit found that the settlement was not fair ...
Judge(s): 
Circuit Judges Moore and Cole; District Judge Rose, sitting by designation
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Hasbun v. Recontrust Co., N.A.

Citation: 
Case No. 11-15214 (11th Cir. February 13, 2013)
Ruling: 
The Eleventh Circuit AFFIRMED the order of the United States District Court for the Southern District of Florida dismissing the case of Eugenia Hasbun (“Plaintiff”) with prejudice. Specifically, the Eleventh Circuit held that the District Court did not ...
Judge(s): 
TJOFLAT, MARTIN and FAY
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Sherzer v. Homestar Mortgage Services

Citation: 
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling: 
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory period, reasoning that the plain language of TILA § ...
Judge(s): 
Sloviter, Rendell and Hardiman, Circuit Judges
Read on...
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