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Sharon Rose v. Select Portfolio Servicing, et al

Summarizing by Bradley Pearce

Tower Loan of Mississippi, LLC v. Chuck Willis

Citation:
No. 18-60344 (5th Circuit, Dec 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
it is for the arbitrator—not (the court)—to decide whether Willis’s TILA claim is arbitrable. It is similarly the arbitrator’s province to resolve the inconsistent procedural terms....
Judge(s):
OWEN, Chief Judge, SMITH and DENNIS, Circuit Judges
Tag(s):

LL Painting Co., Inc. v. Odyessy Contracting Corp

Citation:
UNITED STATES COURT OF APPEALS Case Nos. 19-1150 & 19-1151 (3rd Circuit, Dec 12,2019) Published
Case Status:
Affirmed
Ruling:
The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...
Judge(s):
Ambro, Circuit Judge
Tag(s):

In re Motors Liquidation Co.: Those Certain Post-Closing Accident

Citation:
18-1940 (2nd Circuit, Nov 19,2019) Published
Case Status:
Affirmed
Ruling:
New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
Judge(s):
Jacobs, Sack, Hall
Tag(s):

In re Shmuel Erde

Citation:
BAP No. CC-19-1023-STaL (9th Circuit, Nov 12,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying vexatious litigant's motion to vacate dismissal of bankruptcy 35 years prior. Bankruptcy court properly rejected debtor's...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

In re Joseph and Judith Wilczak

Citation:
BAP No. NC-19-1038-FBG (9th Circuit, Nov 13,2019) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (ND Cal.) dismissing chapter 11 debtors' claim objection based on debtors' argument that signatures on mortgage documents were forgered,...
Judge(s):
Faris, Brand, Gan
Tag(s):

In re Telexfree, Inc.

Citation:
18-2001 (1st Circuit, Oct 29,2019) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals rejected the PIEC's challenge to the bankruptcy court's conclusion that their attempt to assert unjust enrichment claims is an attempt to exercise "control" over the Avoidance...
Judge(s):
Lynch, Selya and Barron
Tag(s):

In re Joy Denby Peterson

Citation:
18-3562 (3rd Circuit, Oct 28,2019) Published
Case Status:
Affirmed
Ruling:
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
Judge(s):
McKee, Shwartz, and Fuentes
Tag(s):

In re Health Care Real Estate Partners

Citation:
18-3267 (3rd Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
Judge(s):
CHAGARES, GREENAWAY, JR., and GREENBERG
Tag(s):

Jenny Smith v. Haynes & Haynes P.C.

Citation:
17-14150 (11th Circuit, Oct 15,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Applying its ruling in Slater II, the Eleventh Circuit reversed in part the district court's grant of summary judgment in favor of defendants based on judicial estoppel arising from plaintiff's...
Judge(s):
Tjoflat and Newsom, Circuit Judges, and Antoon, District Judge
Tag(s):

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