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Sherzer v. Homestar Mortgage Services

  • Summarized by Manuel Arreaza , Consumer Financial Protection Bureau
  • 13 years 1 month ago
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...
Judge(s):
Sloviter, Rendell and Hardiman, Circuit Judges
Tag(s):

McCoy v. Kuiken (In re Kuiken)

Citation:
BAP No. SC-12-1218-JuMkPa (B.A.P. 9th Cir. Jan. 4, 2012)
Ruling:
REVERSING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that the debtor was not entitled to avoid a judicial lien encumbering the debtor's real property under 11 U.S.C. §...
Judge(s):
JURY, MARKELL, and PAPPAS
Tag(s):

Royal v. First Interstate Bank (In re Trierweiler)

Citation:
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
Judge(s):
Thurman, Brown and Somers.
Tag(s):

Harris v. Liberty Community Management, Inc.

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 13 years 2 months ago
Citation:
Harris v. Liberty Communication Management, Inc., Case No.: 11-14362 (11th Cir. Dec. 19, 2012)(unpublished)
Ruling:
A property management company, employed by a Homeowners Association to collect past due assessments, is not a 'debt collector' subject to the Fair Debt Collection Practices Act ("FDCPA"), and did...
Judge(s):
Tjoflat, Carnes, and Jordan
Tag(s):

Nessan v. Lovald

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 13 years 3 months ago
Citation:
Nessan v. Lovald, No. 12-1733 (8th Cir. Dec. 5, 2012)
Ruling:
In an unpublished opinion, the Eighth Circuit held that under applicable South Dakota law, the debtor's claimed exemptions in a truck, boat, and legal claim did not entitle the debtor to an...
Judge(s):
Per Curiam. Heard by RILEY, Circuit Judge, COLLOTON AND GRUENDER, Circuit Judges.
Tag(s):

Solomon v. Baer & Timberlake, P.C.

Citation:
Court of Appeals Case No. 12-6118 (10th Cir. December 3, 2012) - Western District of Oklahoma
Ruling:
AFFIRMING the district court's summary judgment in favor of defendants (creditors HSBC, ASC and B&T) based on claims of Fair Debt and Collection Practices Act on behalf of Mr. Solomon, the plaintiff.
Judge(s):
Kelly, O'brien and Matheson.
Tag(s):

Coyer v. HSBC Mortgage Services, Inc.

  • Summarized by James Bailey , Butler Snow LLP
  • 13 years 3 months ago
Citation:
12a0396p.06
Ruling:
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
Judge(s):
Merritt, Martin and Gilman
Tag(s):

Rayner v. Reeves (In re Reeves)

Citation:
10th Circuit Court of Appeals (Case No/ 11-1574) Entered - November 21, 2012
Ruling:
AFFIRMATION of the 10th Circuit Bankruptcy Appellate Panel's (BAP) ruling denying debtor, Arthur James Reves, an extension of time to file a notice of appeal.
Judge(s):
Lucero, Tymkovich and Holmes.
Tag(s):

Copeland v. Fink (In re Copeland)

  • Summarized by ,
  • 13 years 3 months ago
Citation:
Copeland v. Fink (In re Copeland), Case No. 12-6034, ---B.R. ---- (8th Cir. B.A.P. November 20, 2012)(slip opinion) (Schermer, J.)
Ruling:
AFFIRMING the bankruptcy court, the BAP found that a Chapter 13 Plan should not provide for payment of non-priority, unsecured claims ahead other non-priority unsecured claims based solely on...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Santander Consumer USA, Inc. v. Houlik (In re Houlik)

Citation:
10th Cir. B.A.P. - BAP No. KS - 11-096 (Bankr. Case No 09-12159)
Ruling:
REVERSE lower court's ruling, concluding that the bankruptcy court did not have the authority to award damages to debtors, Jeffrey P Houlik and Charla Houlik, in the amount of $474.86 actual...
Judge(s):
Cornish, Brown and Rasure.
Tag(s):

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