The 7th Circuit confirmed the ruling of the District Court granting Summary Judgment in favor of the Appellee and against Appellant. The Court ruled that Nationwide's letter to Leeb, even after he...
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
Jester, et al. v. Wells Fargo Bank N.A. (In re Jester), Case No. EO-15-002 (BAP 10th Cir. October 22, 2015). Unpublished.
Ruling:
If a court is unable to provide debtor any relief, reopening a bankruptcy case would be futile and a court does not abuse its discretion if it refuses to reopen the case. In this case, neither the...
File Name15a1252p.06; Case No. 15-1323, U.S. Court of Appeal for the Sixth Circuit (Oct. 22, 2015)
Ruling:
A voicemail by a student loan credit collection agency to a business owned by someone who owes student loan debt which simply provides the name of the caller, a reference number and the creditor's...
Judge(s):
Rogers and Donald, Circuit Court Judges, and Rose, District Judge, sitting by designation.
Brumfiel v. Lewis, et al. (In re Brumfiel), Case No. CO-15-014 (B.A.P. 10th Cir. October 8, 2015). Unpublished.
Ruling:
Claims debtor fails to disclose in her bankruptcy schedules remain estate property upon closing of the case and bankruptcy court has jurisdiction to approve a settlement respecting those claims...
The 7th Circuit found that the phrase “for cause” as used in the Bankruptcy Code embraces conduct that, even if not a violation of required procedures, avoids repayment of a debt without an...
Summarized by Jason Stitt , Keating Muething & Klekamp PLL
10 years 10 months ago
Citation:
No. 14-4097 (6th Cir. August 17, 2015)
Ruling:
The Sixth Circuit affirmed dismissal of claims brought under the Fair Debt Collection Practices Act ("FDCPA") because the claims were facially barred by the FDCPA's one-year statute of limitations...
Sixth Circuit affirmed District Court's grant of summary judgment to mortgagee Bank of America (BOA) finding that the District Court properly found that BOA complied with Michigan's statutory...
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the...
