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Topic: Lender Liability

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
Read on...

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In Re Brown, 9th Cir. B.A.P. WW-13-1170-TaKUD, (December 13, 2013) [NOT FOR PUBLICATION]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In an unpublished opinion to a companion appeal (BAP No. 12-1534) by the debtor, the 9th Circuit Bankruptcy Appellate Panel, affirmed the ruling by the bankruptcy court, when it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
Read on...

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
Read on...

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
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Glazer v. Chase Home Finance LLC

Citation: 
Glazer v. Chase Home Finance LLC, __ F.3d ___, Case No. 10-3416 ( 6th Cir. January 14, 2013)
Ruling: 
The Court affirmed the trial court's finding that the mortgage servicer was not a debt collector under the Fair Debt Collection Practices Act and that a subservicer who attempts to collect debts owed to another which was not in ...
Judge(s): 
Griffin and Kethledge, Circuit Judges; Thapar, District Judge
Read on...

The Unsecured Creditors Committee v. Community Bank (In re Stinson Petroleum Co., Inc.)

Citation: 
No. 12-60234 (January 7, 2013)
Ruling: 
The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state law, the defendant was a fully secured creditor. ...
Judge(s): 
BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).
Read on...

Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Citation: 
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling: 
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in nature and could also be brought by the Debtors. Thus, post-filing general ...
Judge(s): 
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Read on...
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