Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
Affirming the judgments of the BAP and Bankruptcy Court, the Eighth Circuit held that where a debtor's required monthly student loan repayment under the Income Contingency Payment Program (ICRP)...
Judge(s):
Wollman, Murphy, and Colloton, Wollman for the majority, Colloton concurring.
Jacks v. Wells Fargo Bank, N.A. (In re Jacks), No. 09-16146 (11th Cir. June 7, 2011)
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of Wells Fargo finding that (1) the mere recordation internally by Wells Fargo of post-petition attorneys fees incurred in filing a...
Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
14 years 10 months ago
Citation:
___ F. 3d ___ (4th Cir. 2011), Slip Op. May 26, 2011, Dkt No. 10-1803
Ruling:
Applying Virginia law, the Court interpreted the language of the note providing the lender "may transfer this Note" as meaning exactly that: the lender may transfer the note. The note is a...
